Thomann v. City of Rochester
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtTaylor, J.
The action is for a permanent injunction and for incidental damages. The city acquired lands immediately south and east of plaintiff’s property and began dumping refuse, garbage, etc., upon it. This began as early as 1924, and continued up to 1928. On July 19, 1928, plaintiff filed a notice of claim and later a notice of intention to sue under section 632 of the Rochester City Charter. He commenced his action December 8, 1928. Dumping had been discontinued and no inconvenience was being caused for some considerable period before the action was started. The equity phase of the case, so far as…
2Cases cited15 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- MacMullen v. . City of MiddletownNew York Court of Appeals · 1907
- Gilbert v. . AckermanNew York Court of Appeals · 1899
- Wilson v. . City of TroyNew York Court of Appeals · 1892
- Herman v. . City of BuffaloNew York Court of Appeals · 1915
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3Cited by7 opinions
- Lunday Ex Rel. Lunday v. VogelmannSupreme Court of Iowa · 1973
- Ivester v. City of Winston-SalemSupreme Court of North Carolina · 1939
- Stewart v. StateNew York Court of Claims · 1959
- Campbell v. City of HelenaMontana Supreme Court · 1932
- Lunday Ex Rel. Lunday v. VogelmannSupreme Court of Iowa · 1973
2 more not listed; retrieve them via the Exa API.