People Ex Rel. Carlisle v. . Bd. of Supervisors
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered. September 30, 1914, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the board of supervisors of Onondaga county to convene and cause certain towns in that county to levy taxes for the maintenance and repair of highways. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered. September 30, 1914, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the board of supervisors of Onondaga county to convene and cause certain towns in that county to levy taxes for the maintenance and repair of highways. The facts, so far as material, are stated in the opinion. The duty to maintain the highways did not exist until after their completion and acceptance. (Cons. Laws, ch. 25, § 172; Brewer v. Bridges, 164 Ind. 358.)…
1Opinion of the CourtSeabury, J.
This appeal presents the question whether the state commissioner of highways is entitled to a peremptory writ of mandamus directing and requiring the board of supervisors of Onondaga county to convene and cause certain towns within that county to assess, levy and collect certain taxes for the maintenence of certain state and county highways in said towns.
The state commissioner of highways, under the existing law, has the general supervision of all highways and bridges which are constructed or maintained in whole or in part by the aid of state moneys. (Highway Law [Cons. Laws, ch. 25], section…
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- Michetti v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1992
- Hutley v. New York State Thruway AuthorityNew York Court of Claims · 1988
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