Leeds v. Board of Education

This is an article 78 proceeding to annul the action of the respondent School Board in adopting an austerity budget and to direct it to resubmit a new budget to the voters in which optional items such as transportation, cafeteria service, adult education, etc., may be voted on separately.

There are two grounds relied on by the petitioner as the legal basis for his complaint — First, that section 2023 of the Education Law which is the authority for adopting an austerity budget, is unconstitutional in that it provides for a delegation of the taxing power to the School Board after an unfavorable…