O'Flynn v. Village of East Rochester
New York Court of Appeals
I. The admitted disregard by the village officials of the statutory commands with respect to the enactment of village ordinances renders the purported ordinance establishing a municipal electric plant for the Village of East Rochester void and of no effect.
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I. The admitted disregard by the village officials of the statutory commands with respect to the enactment of village ordinances renders the purported ordinance establishing a municipal electric plant for the Village of East Rochester void and of no effect. (Smith v. City of Newburgh, 77 N. Y. 130; In re The Petition of George Douglas, 46 N. Y. 42; City of Glens Falls v. Standard Oil Co., 127 Mise. 104; Matter of Tierney v. Cohen, 268 N. Y. 464; Town of Cort-landt v. Village of PeeksTcill, 281 N. Y. 490; Weeks v. City of Middletown, 107 App. Div. 587; McKuskie v. Hendrickson, 128 N. Y. 555;…
1Opinion of the CourtThacher, J.
This action was brought by a taxpayer against the Village of East Rochester, its Mayor and Trustees to enjoin the defendants from proceeding with the construction of a public utility service for the generation and transmission of electricity for light, heat and power to said Village and to its inhabitants, from expending Village funds and from borrowing money upon Village credit for such purposes.
The intervening plaintiff Rochester & Electric Corporation is engaged in the production, distribution and sale of electricity in the Village of East Rochester and in other neighboring places. It is a…
2Cases cited14 opinions
- Hassett v. WelchSupreme Court of the United States · 1938
- Houck v. Little River Drainage DistrictSupreme Court of the United States · 1915
- Nashville, Chattanooga & St. Louis Railway v. WaltersSupreme Court of the United States · 1935
- Myles Salt Co. v. Board of Comm'rs of Iberia and St. Mary Drainage Dist.Supreme Court of the United States · 1916
- United Fuel Gas Co. v. Railroad CommissionSupreme Court of the United States · 1929
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3Cited by16 opinions
- Legat v. AdornoSupreme Court of Connecticut · 1951
- Simmons v. StateSupreme Court of Connecticut · 1971
- Wright v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1973
- DuBois v. TOWN BD. OF NEW PALTZNew York Court of Appeals · 1974
- Brewster-Mill Park Realty, Inc. v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1962
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