Legal Opinion
Union Free School District No. 7 v. Nowicki
New York Supreme Court
Decided June 3, 1968PublishedCited by 1 opinion
1Opinion of the CourtHugh S. Coyhe, J.
This is a motion to dismiss an action for declaratory judgment. The plaintiff is a Union Free School Board in one of two districts that were merged a year ago to form a new Central School District. The new Central Board and its members are the defendants who move here for dismissal.
The complaint alleges that members of the "new board are acting beyond their authority when they act as a board. Plaintiff asks that the new board be declared “ not in existence ” and without “ power to act officially until at least August 1st, 1968 ”. The plaintiff also asserts that it is the sole board in power…
2Cases cited12 opinions
- Newburger v. LubellNew York Court of Appeals · 1931
- Matter of Levitch v. Board of EducationNew York Court of Appeals · 1926
- Board of Education of Union Free School District No. 1 v. WilsonNew York Court of Appeals · 1951
- Gardner v. GintherAppellate Division of the Supreme Court of the State of New York · 1931
- Gardner v. GintherNew York Court of Appeals · 1931
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3Cited by1 opinion
- Tombler v. Board of Education of Brookhaven-Comsewogue Union Free School DistrictNew York Supreme Court · 1981