Robertson v. Zimmermann
New York Court of Appeals
The act creating the Buffalo Sewer Authority violates the provisions of section 10 of- article 8 of the State Constitution in that it attempts by indirection to permit the bonded indebtedness of the properties of the city of Buffalo to exceed ten per cent of the assessed valuation thereof. (Newell v. People ex rel. Phelps, 7 N. Y. 9; Kenwell v. Lee, 261 N. Y. 113; People ex rel.
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The act creating the Buffalo Sewer Authority violates the provisions of section 10 of- article 8 of the State Constitution in that it attempts by indirection to permit the bonded indebtedness of the properties of the city of Buffalo to exceed ten per cent of the assessed valuation thereof. (Newell v. People ex rel. Phelps, 7 N. Y. 9; Kenwell v. Lee, 261 N. Y. 113; People ex rel. Town of Pelham v. Village of Pelham, 215 N. Y. 374.) The statute is in direct violation of section 6 of article 1 of the State Constitution and of the Fourteenth Amendment to the Constitution of the United States, in…
1Opinion of the CourtHtjbbs, J.
This is a taxpayer’s action to secure a permanent injunction restraining the Mayor of the city of Buffalo from appointing a Board to be known as “ Buffalo Sewer Authority ” and from taking any other action pursuant to chapter 349 of the Laws of 1935 upon the ground that the act is unconstitutional.
The act in question creates a body corporate, to be known as “ Buffalo Sewer Authority,” composed of five members, all residents of the city of Buffalo, to be appointed for specified terms by the Mayor of the city, subject to confirmation by the Common Council. Its corporate existence is limited to…
2Cases cited13 opinions
- Hunter v. City of PittsburghSupreme Court of the United States · 1907
- City of Trenton v. New JerseySupreme Court of the United States · 1923
- Adler v. DeeganNew York Court of Appeals · 1929
- Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
- Matter of McAneny v. . Bd. of Estimate, Etc.New York Court of Appeals · 1922
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3Cited by74 opinions
- Watergate II Apartments v. Buffalo Sewer AuthorityNew York Court of Appeals · 1978
- Hotel Dorset Co. v. Trust for Cultural ResourcesNew York Court of Appeals · 1978
- City of New York v. StateNew York Court of Appeals · 1995
- Jeter v. Ellenville Central School DistrictNew York Court of Appeals · 1977
- New York City Tunnel Authority v. Consolidated Edison Co. of New York, Inc.New York Court of Appeals · 1946
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