Legal Opinion · Dissent

People ex rel. Fleischmann Manufacturing Co. v. Marenus

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

Decided October 8, 1909Published

Appeal by the relator, Fleischmann Manufacturing Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Westchester on the 15th day of February, 1909, upon the decision of the court dismissing a writ of certiorari theretofore granted to review the action of the respondents in assessing that portion of the lands of the relator lying within their school district for school purposes.

1DissentRich, J.

The facts are not controverted. Since the year 1900, the appellant has owned and occupied a tract of land in the town of Cortlandt, upon which are located sixty-one buildings, constituting its manufacturing plant. The land lies in two school districts in the same town, and, since its ownership by the appellant, has been assessed as one parcel by the assessors of the town. The greater portion of the land and the larger number of the buildings, including its main and -office building, are in school district No. 7. Prior to the year 1907, the two districts had each assessed that portion of the…

2Cases cited2 opinions

  1. People Ex Rel. Champlin v. . GrayNew York Court of Appeals · 1906
  2. Budd v. AllenNew York Supreme Court · 1893

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