Legal Opinion

Risley v. City of Utica

U.S. Circuit Court for the District of Northern New York

Decided April 1, 1909PublishedCited by 7 opinions

In Equity. Demurrer by the Consolidated Water Company of Utica to bill of complaint seeking, amongst other things to enjoin and restrain defendants from levying and collecting taxes on certain of his property in said city of Utica, on the ground that the laws of the state authorizing and permitting it are in violation of the Constitution of the United States, in that he is denied equal rights and the equal protection of the law, and due process of law, or that such tax is…

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In Equity. Demurrer by the Consolidated Water Company of Utica to bill of complaint seeking, amongst other things to enjoin and restrain defendants from levying and collecting taxes on certain of his property in said city of Utica, on the ground that the laws of the state authorizing and permitting it are in violation of the Constitution of the United States, in that he is denied equal rights and the equal protection of the law, and due process of law, or that such tax is being levied and collected in violation of such constitutional rights.

1Opinion of the Court

RAY, District Judge.

The parties to this suit are all citizens and residents of the state of New York, where the property taxed is situated, and there is no jurisdiction in this court unless a question is fairly presented arising under the Constitution or laws of the United States. The complainant brings the action for the benefit of himself and all others similarly situated, of whom there are quite a number.

The city of Utica is a municipal corporation existing under an act of the Regislature of the state of New York entitled “An act to revise the charter of the city of Utica,” passed February…

2Cases cited42 opinions

  1. Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
  2. Ex Parte VirginiaSupreme Court of the United States · 1880
  3. Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
  4. Bell's Gap Railroad v. PennsylvaniaSupreme Court of the United States · 1890
  5. The Paquete HabanaSupreme Court of the United States · 1899

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3Cited by7 opinions

  1. Scott v. FrazierDistrict Court, D. North Dakota · 1919
  2. Norris v. Mayor and City Council of BaltimoreDistrict Court, D. Maryland · 1948
  3. Reiling v. LacyDistrict Court, D. Maryland · 1950
  4. Risley v. City of UticaU.S. Circuit Court for the District of Northern New York · 1910
  5. Town of Brandon v. HarveySupreme Court of Vermont · 1933

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