Legal Opinion

Magrum v. Village of Williamsville

Appellate Division of the Supreme Court of the State of New York

Decided March 21, 1934PublishedCited by 4 opinions

1Per curiam

The act (Laws of 1933, chap. 601) is unconstitutional for two reasons: First, the act is a'local act and its title gives no intimation of the creation of an obligation on the part of the village to repay money that was collected for taxes duly levied and assessed under the General Village Law. (N. Y. Const. art. 3, § 16; Parfitt v. Furguson, 159 N. Y. 111; Economic P. & C. Co. v. City of Buffalo, 195 id. 286; Willis v. City of Rochester, 219 id. 427; Matter of Dean, 230 id. 1; Gaynor v. Village of Port Chester, 231 id. 451.) Second, the act is in contravention of article 3, section 18, of the…

2Cases cited2 opinions

  1. Parfitt v. . FurgusonNew York Court of Appeals · 1899
  2. Abell v. . ClarksonNew York Court of Appeals · 1923

3Cited by4 opinions

  1. Cutler v. HermanNew York Court of Appeals · 1957
  2. Incorporated Village of Atlantic Beach v. Town of HempsteadNew York Supreme Court · 1965
  3. Incorporated Village of Lloyd Harbor v. Town of HuntingtonNew York Supreme Court · 1956
  4. Cutler v. HermanAppellate Division of the Supreme Court of the State of New York · 1956

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