Legal Opinion

Western New York Water Co. v. City of Buffalo

Appellate Division of the Supreme Court of the State of New York

Decided June 30, 1925PublishedCited by 4 opinions

1Per curiam

We agree with the conclusions reached by the learned court at Special Term. (See 124 Misc. 257.)

We think that the jurisdiction of a municipality and the functions it exercises, either governmental or proprietary, are, in general, limited to the boundaries established by the statute incorporating it, unless extended by express legislative grant. (28 Cyc. 266, 703, and cases cited.)

In this State it seems to be the general policy that if municipalities owning their own water works system desire the right to sell water to persons outside their territorial limits, they must obtain such power from…

2Cases cited2 opinions

  1. Bush v. ColerAppellate Division of the Supreme Court of the State of New York · 1901
  2. Western New York Water Co. v. City of BuffaloNew York Supreme Court · 1925

3Cited by4 opinions

  1. Richards v. City of PortlandOregon Supreme Court · 1927
  2. Town Board v. City of PoughkeepsieAppellate Division of the Supreme Court of the State of New York · 1964
  3. Nord v. Butte Water Co.Montana Supreme Court · 1934
  4. Western New York Water Co. v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1925

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