Erie County Agricultural Society v. Cluchey

40 N.Y.2d 194 (1976)

In the Matter of Erie County Agricultural Society, Appellant,

v.

George L. Cluchey, as Assessor of the Town of Hamburg, Respondent.

Court of Appeals of the State of New York.

Argued June 7, 1976.

Decided July 1, 1976.

Edward D. Siemer for appellant.

Walter L. Rooth, Town Attorney (Francis X. Murphy of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, JONES and FUCHSBERG concur with Judge COOKE; Judge GABRIELLI dissents and votes to affirm in a separate opinion in which Judge WACHTLER concurs.

COOKE, J.

The Erie County Agricultural Society was organized in 1819 and…