In re the Acquisition of Lands for the Purpose of a Municipal Garage in & for the City of Utica

While the resolution of the common council was not artistically drawn, its meaning was clear and included authority to the legal officer of the city to make the application for abandonment under section 18 of the Condemnation. Law. Application under that section should ordinarily be granted. (N. Y., O. & W. Ry. Co. v. Nelson, 152 App. Div. 245.) We find in the record before us no sufficient reason to warrant, in the discretion of the court, a denial of the application. All concur, except Thompson and Crosby, JJ., who dissent and vote for affirmance on the grounds: 1. That the resolution or…