Legal Opinion
Pelo v. Stevens
New York Supreme Court
Decided December 15, 1909PublishedCited by 4 opinions
Demurrer by each of the defendants to the complaint, on the ground that it does not state facts sufficient to constitute a cause of action.
1Opinion of the CourtFoote, J.
This action is brought to enjoin the defendants from taking and appropriating for the State lands of the plaintiffs in the town of Ogden, Monroe county, adjoining the present Erie canal for the so-called Barge canal.
The action is based wholly upon the alleged unconstitutionality of the statute, chapter 147 of the Laws of 1903, and its amendments, under which the Barge canals are now being constructed. The complaint alleges that the proper State officers have taken all the necessary steps required by the act to appropriate plaintiffs’ lands for the canal; that defendant Stevens, as…
2Cases cited1 opinion
- Sweet v. . City of SyracuseNew York Court of Appeals · 1891
3Cited by4 opinions
- Herrin v. EricksonMontana Supreme Court · 1931
- Gimbel v. WaldmanNew York Supreme Court · 1943
- St. Regis Tribe of Mohawk Indians v. StateNew York Court of Claims · 1956
- Kibbee v. LyonsNew York Supreme Court · 1922