Legal Opinion

Scott v. McClung

New York Supreme Court

Decided October 15, 1912PublishedCited by 2 opinions

Tbial of an action to restrain the awarding of a contract for paving a street in the city of Newburgh.

1Opinion of the CourtTompkins, J.

When this case was before me on the motion for an injunction pendente lite, I held that the city council had authority, upon its own motion, not only to make a detailed statement of the cost of a proposed street improvement, but as well to make a contract therefor. I also decided that the provision of the city charter, forbidding a change of grade without the consent of a majority of the property owners of a street, does not contemplate such slight changes of grade as are only incidental to the repaving of a street, and further that the grade lines of Grand street would not be substantially…

2Cases cited4 opinions

  1. Folmsbee v. . City of AmsterdamNew York Court of Appeals · 1894
  2. Farrington v. . City of Mount VernonNew York Court of Appeals · 1901
  3. Archer v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1901
  4. Stenson v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by2 opinions

  1. United States of America and Patrick J. Finnessey, Special Agent for Internal Revenue Service v. Harvey F. EugeCourt of Appeals for the Eighth Circuit · 1982
  2. People v. MooreNew York Supreme Court · 1976

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