In re City of Rochester

Relying on City of Buffalo v. Irish Paper Co. (31 A D 2d 470) and section 555 of the General Municipal Law, the city opposes the granting of an additional allowance of costs, contending that this proceeding is governed solely by the city charter and not the Condemnation Law.

Provisions concerning condemnation proceedings are contained in sections 9-31 through 9-49 of the Charter of the City of Rochester. They are derived from the charter enacted by chapter 755 of the Laws of 1907 and subsequent amendments thereto. Section 454 of that chapter (now § 9-A8 of the charter) provides: “ Costs may be…