Town of Ohio v. People
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMcCurn, J.
The Town of Ohio asks in this action for a judgment declaring that a certain highway “ has not become a highway of the plaintiff which must be kept open, worked and repaired as the other highways of the plaintiff.” The defendants appeal from orders denying motions to dismiss the complaint.
It is the contention of the appellants (1) that the action is not within the purview of the statutory provisions for a declaratory judgment, and (2) that in any event the town may not maintain an action against its creator, the sovereign State, or its officers when exercising governmental powers.
j The town…
2Cases cited14 opinions
- County of Albany v. . HookerNew York Court of Appeals · 1912
- Newburger v. LubellNew York Court of Appeals · 1931
- Post v. Metropolitan Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1929
- Post v. Metropolitan Casualty Insurance CompanyNew York Court of Appeals · 1930
- City of New York v. MaltbieNew York Court of Appeals · 1937
9 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Niagara Falls Power Co. v. WhiteNew York Court of Appeals · 1944
- Textron, Inc. v. WoodSupreme Court of Connecticut · 1974
- Recall Bennett Committee v. BennettOregon Supreme Court · 1952
- State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
- Somers v. HillSupreme Court of Connecticut · 1956
21 more not listed; retrieve them via the Exa API.