Legal Opinion · Dissent

Matter of Van Etten v. . City of New York

New York Court of Appeals

Decided July 15, 1919Published

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the - third judicial department, entered September 19, 1918, which affirmed an order of Special Term .confirming the report of commissioners of appraisal. The facts, so far as material, are stated in the opinion.

1Dissent

Hogan, J. (dissenting).

Chapter 723, Laws of 1905, provided for the organization of a state water commission and defined its powers and duties. By the terms of the statute no municipal corporation or board, commission, etc., representing such municipality should after the passage of the act have power to acquire, take or condemn lands for any new or additional sources of water supply until it had first submitted the maps and profiles therefor to said commission and obtained the approval of the commission to the same after a public hearing thereon. The maps to be exhibited were required to show…

2Cases cited8 opinions

  1. Sweet v. . City of SyracuseNew York Court of Appeals · 1891
  2. Scriver v. . SmithNew York Court of Appeals · 1885
  3. In Re the Board of Water Supply Ex Rel. City of New YorkNew York Court of Appeals · 1914
  4. People Ex Rel. Janes v. . DickeyNew York Court of Appeals · 1912
  5. Matter of Grade Crossing Comrs. of BuffaloNew York Court of Appeals · 1913

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