Legal Opinion

Matter of City of Syracuse

New York Court of Appeals

Decided July 12, 1918PublishedCited by 40 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 6, 1918, which modified and affirmed as modified an order of Special Term granting a motion for permission to discontinue a proceeding to acquire lands for public purposes and denying a counter motion to compel filing of the report of the commissioners. The facts, so far as material, are stated in the opinion

1Opinion of the CourtHogan, J.

By chapter 356, Laws of 1907, the Syracuse intercepting sewer board was organized with power to construct intercepting sewers in and for the city of Syracuse, • and to construct such sewers and structures as may be required to render said intercepting sewer system operative and efficient.

Section 5 of the statute authorized and empowered the board in the name of the city to contract for, purchase, acquire by deed or condemnation proceedings in accordance with the provisions of the Code of Civil Procedure any and all lands, easements, water rights, property necessary to carry out and effectuate…

2Cases cited15 opinions

  1. Garrison v. City of New YorkSupreme Court of the United States · 1875
  2. Utter v. . RichmondNew York Court of Appeals · 1889
  3. Kahlen v. . State of New YorkNew York Court of Appeals · 1918
  4. People Ex Rel. Everson v. . LorillardNew York Court of Appeals · 1892
  5. People Ex Rel. Burhans v. City of New YorkNew York Court of Appeals · 1910

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3Cited by40 opinions

  1. United States v. Sunset Cemetery Co.Court of Appeals for the Seventh Circuit · 1943
  2. Herron v. City of YoungstownOhio Supreme Court · 1940
  3. United States v. GoldsteinCourt of Appeals for the Second Circuit · 1941
  4. Crawford v. United StatesCourt of Appeals for the D.C. Circuit · 1952
  5. Matter of Van Etten v. . City of New YorkNew York Court of Appeals · 1919

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