Legal Opinion
In re Laying Out of a Certain Town Highway in the Town of Ballston
Appellate Division of the Supreme Court of the State of New York
Decided July 2, 1937Published
1Dissent
Rhodes, J. (dissenting).
The order appealed from was affirmed by this court. (See 249 App. Div. 871.) A reargument has been addressed particularly to the question of the scope of the review which may be had in this court.
In Matter of Tennessee Avenue (213 App. Div. 540) this court held that it lay within our province to pass upon the question of necessity for a proposed road, and reversed the determination of the town board, the local legislative body which had passed upon and determined that the road in question should be laid out.
Previously similar action had been taken in Matter of Proposed…
Also in this document: Concurrence.
2Cases cited11 opinions
- New York Ex Rel. New York & Queens Gas Co. v. McCallSupreme Court of the United States · 1917
- Niagara Falls Power Co. v. Water Power & Control CommissionNew York Court of Appeals · 1935
- In Re City of Buffalo to Open Delavan AvenueNew York Court of Appeals · 1901
- Town Board v. Fitchburg RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Schaghticoke v. . Fitchburg Railroad CompanyNew York Court of Appeals · 1902
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