Chelnik v. Wagner

Several owners of property included in a school site selected by the board of estimate have brought a taxpayers’ action against all the members of the board, the budget director, and the City of New York, demanding that the resolution authorizing condemnation of said site be rescinded and the condemnation enjoined. Defendants’ motion to dismiss pursuant to rule 106 of the Rules of Civil Practice on the grounds of legal insufficiency and lack of jurisdiction of the subject of the action was denied by Mr. Justice Hecht (3 Misc 2d 227). He held, in effect, that since the complaint charged…