Legal Opinion
Schnepel v. Board of Education
New York Court of Appeals
Decided January 18, 1951PublishedCited by 18 opinions
1Per curiam
Section 51 of the General Municipal Law authorizes actions by taxpayers against illegal acts of £< all officers, agents, commissioners and other persons acting, or who have acted, for and on behalf of any county, town, village or municipal corporation in this state ”. Section 2 of the same statute defines a “ municipal corporation ” as including ££ only a county, town, city and village.”
A board of education is not a municipal corporation within the meaning of the above provisions (see Hamilton v. Baker, *96243 N. Y. 578; Brooks v. Wyman, 246 N. Y. 534; Blackburn v. Clements, 297 N. Y. 971).…
2Cases cited4 opinions
- Lewis v. Bd. of Education of City of New YorkNew York Court of Appeals · 1932
- Brooks v. WymanNew York Court of Appeals · 1927
- Blackburn v. ClementsNew York Court of Appeals · 1948
- Hamilton v. BakerNew York Court of Appeals · 1926
3Cited by18 opinions
- Weimer v. Board of EducationNew York Court of Appeals · 1981
- Ross v. WilsonAppellate Division of the Supreme Court of the State of New York · 1954
- Schulz v. Cobleskill-Richmondville Central School District Board of EducationAppellate Division of the Supreme Court of the State of New York · 1994
- Baer v. KolmorgenNew York Supreme Court · 1958
- Van Allen v. McClearyNew York Supreme Court · 1961
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