Legal Opinion

Wiggins v. Town of Somers

New York Court of Appeals

Decided April 3, 1958PublishedCited by 101 opinions

1Opinion of the Court

Chief Judge Conway.

The issue presented by this appeal is the validity of an ordinance of the town of Somers which provides, in substance, that no person may transport or dump *218within the town garbage “ originating outside of the Town of Somers In this suit to restrain the enforcement of the ordinance,. the town’s counterclaim to restrain plaintiff’s violation thereof has been dismissed for legal insufficiency (Rules Civ. Prae., rule 109, subd. 5). It is the correctness of that determination which must be decided.

We'note at the outset that the statutory inhibition is directed against two…

2Cases cited17 opinions

  1. Nebbia v. New YorkSupreme Court of the United States · 1934
  2. Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
  3. Borden's Farm Products Co. v. BaldwinSupreme Court of the United States · 1934
  4. Defiance Milk Products Co. v. Du MondNew York Court of Appeals · 1956
  5. Matter of Wulfsohn v. BurdenNew York Court of Appeals · 1925

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3Cited by101 opinions

  1. Maresca v. CuomoNew York Court of Appeals · 1984
  2. Marcus Associates, Inc. v. Town of HuntingtonNew York Court of Appeals · 1978
  3. Town of Huntington v. Park Shore Country Day Camp of Dix Hills, Inc.New York Court of Appeals · 1979
  4. Dougherty v. City of RyeNew York Court of Appeals · 1984
  5. In re the City of New YorkNew York Court of Appeals · 1983

96 more not listed; retrieve them via the Exa API.

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