Legal Opinion
City of Buffalo v. Day
New York Supreme Court
Decided May 16, 1957PublishedCited by 4 opinions
1Opinion of the CourtCabltoh A. Fishes, J.
This is a proceeding brought by the City of Buffalo to condemn a part of Days’ Park for educational and recreational purposes for the Board of Education of the city and for street purposes for the city.
This is an application for a preliminary order of condemnation under section 375 of the Charter of the City of Buffalo as amended by chapter 527 of the Laws of 1929.
The defendants question the legality of this proceeding since this is a proceeding under the general statutes, the applicable provisions of the charter of the City of Buffalo, to condemn property already dedicated to a public use,…
2Cases cited35 opinions
- People v. . Adirondack Railway Co.New York Court of Appeals · 1899
- Adirondack Railway Co. v. New York StateSupreme Court of the United States · 1900
- Nicoll v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1854
- Upington v. . CorriganNew York Court of Appeals · 1896
- Matter of City of BuffaloNew York Court of Appeals · 1877
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3Cited by4 opinions
- City of Wilmington ex rel. Water Department v. LordSuperior Court of Delaware · 1975
- Chateau Rive Corp. v. Enclave Development AssociatesAppellate Division of the Supreme Court of the State of New York · 2005
- City of Wilmington Ex Rel. Water Department v. LordSuperior Court of Delaware · 1974
- State Highway Commission v. Township of St JosephMichigan Court of Appeals · 1973