City of Syracuse v. Gibbs

Heffernan, J. (dissenting in part).

This is a proceeding instituted by petitioner, City of Syracuse, to review by certiorari, pursuant to article 78 of the Civil Practice Act, the decision of respondent the Water Power and Control Commission, in Water Supply Application No. 1049, permitting the village of Jordan, in the town of Elbridge, Onondaga county, to draw a supply of water from the conduits of the city and fixing the price which the village should pay therefor.

Two questions are presented for decision: The jurisdiction of the Commission to make the determination and the reasonableness of…