Saile v. Edell

The defendant Evelyn M. Edell demurs to the complaint on the ground that it does not state facts sufficient to constitute a cause of action. The action is brought to restrain the unauthorized use of a sewer in the town of Gates by the defendants and sufficient facts are alleged in the complaint to constitute a cause of action. It seems to me that a serious question is presented, however, as to the legal capacity of the town board to institute this action. Town of Hempstead v. Lawrence, 138 App. Div. 473; Tuma v. Piepenbrink, 77 Misc. Rep. 357; 160 App. Div. 225. The town board has no…