Legal Opinion

Niagara Mohawk Power Corp. v. Assessor of Town of Geddes

New York Court of Appeals

Decided July 7, 1998PublishedCited by 66 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

The issue here is whether petitioner has presented substantial evidence that its properties, which respondent Town of Geddes categorized as specialties, were overvalued. We hold substantial evidence exists that the four challenged properties were not specialties as a matter of law, and thus petitioner sufficiently overcame the presumption that respondents’ assessments were valid for the tax years at issue.

Petitioner is a public utility company which owns and operates an electrical generation, transmission and distribution system in the Town of Geddes. Petitioner…

2Cases cited7 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. FMC Corp. v. UnmackNew York Court of Appeals · 1998
  3. Allied Corp. v. Town of CamillusNew York Court of Appeals · 1992
  4. Great Atlantic & Pacific Tea Co. v. KiernanNew York Court of Appeals · 1977
  5. Saratoga Harness Racing, Inc. v. WilliamsNew York Court of Appeals · 1998

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3Cited by66 opinions

  1. Board of Managers v. Town of AmherstNew York Court of Appeals · 2014
  2. Eckerd Corp. v. SemonAppellate Division of the Supreme Court of the State of New York · 2006
  3. Gibson v. GleasonAppellate Division of the Supreme Court of the State of New York · 2005
  4. City of Troy v. Town of PittstownAppellate Division of the Supreme Court of the State of New York · 2003
  5. Friar Tuck Inn of the Catskills, Inc. v. Town of CatskillAppellate Division of the Supreme Court of the State of New York · 2003

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