City of Rochester v. Chiarella
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Doerr, J.
In this class action involving the payment of unconstitutionally levied real property taxes in the City of Rochester, the Court of Appeals has determined that no legal right exists for the recovery of such taxes paid without formal protest (City of Rochester v Chiarella, 58 NY2d 316).1 In an effort to carry out a long-standing policy determination, the Council of the City of Rochester adopted Ordinance No. 83-162. The ordinance preamble recites, as background, that some $45 million of unprotested unconstitutional taxes have been paid to the city for which a…
2Cases cited14 opinions
- First National City Bank v. City of New York Finance AdministrationNew York Court of Appeals · 1975
- Matter of Chapman v. . City of New YorkNew York Court of Appeals · 1901
- City of Rochester v. ChiarellaNew York Court of Appeals · 1983
- Matter of Mullane v. McKenzieNew York Court of Appeals · 1936
- Stemmler v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1904
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3Cited by11 opinions
- LEVEL 3 COMMUNICATIONS, LLC v. CHAUTAUQUA COUNTYAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Level 3 Communications, LLC v. Essex CountyAppellate Division of the Supreme Court of the State of New York · 2015
- City of Rochester v. ChiarellaNew York Court of Appeals · 1984
- City of Rochester v. ChiarellaAppellate Division of the Supreme Court of the State of New York · 1984
- Michael v. Communications Workers of America AFL-CIONew York Supreme Court · 1985
6 more not listed; retrieve them via the Exa API.