Nowak v. Wereszynski

We agree with the conclusion of Special Term that the proposed transfer of $250,000 by the Water Board to the City of Utica as set forth in the annual estimate of revenues submitted by the Board of Estimate and Apportionment to the Common Council was an illegal act.

A study of the ordinances adopted in 1938 when the city acquired a privately owned water works makes it clear that the revenues from that operation were pledged to preserve and protect the security of the outstanding bonds and that the city has no beneficial right or interest in such revenues. The application of the revenues…