Legal Opinion

Cleveland v. . City of Watertown

New York Court of Appeals

Decided December 21, 1917PublishedCited by 23 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 11, 1917, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The act does not illegally delegate legislative powers. (2 Dillon on Mun.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 11, 1917, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The act does not illegally delegate legislative powers. (2 Dillon on Mun. Corp. [5th ed.] § 570; Mills v. Sweeney, 219 N. Y. 213; Aldinger v. Pugh, 57 Hun, 181; Gibbs v. Luther, 81 Misc. Rep. 611; 158 App. Div. 951; L. 1913, ch. 247; Stanton v. Board of Suprs., 191 N. Y. 428;…

1Opinion of the CourtMcLaughlin, J.

This is a taxpayer’s action brought to procure a judgment declaring the Optional City Government Law (Laws of 1914, chap. 444) to be unconstitutional, and to restrain the city of Watertown and its officers from organizing thereunder a form of city government which a majority of the qualified electors of such city have voted to adopt. The answer put in issue the alleged unconstitutionality of the act. The court at Special Term reached the conclusion that the act was unconstitutional and enjoined the city and its officers from further proceeding under it. An appeal was taken to the Appellate…

2Cases cited31 opinions

  1. Maxmilian v. . MayorNew York Court of Appeals · 1875
  2. People Ex Rel. Nechamcus v. Warden of the City PrisonNew York Court of Appeals · 1895
  3. Barto v. . HimrodNew York Court of Appeals · 1853
  4. Eckerson v. City of Des MoinesSupreme Court of Iowa · 1908
  5. Genet v. . City of BrooklynNew York Court of Appeals · 1885

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3Cited by23 opinions

  1. Darweger v. StaatsNew York Court of Appeals · 1935
  2. Sarlls, City Clerk v. State, Ex Rel.Indiana Supreme Court · 1929
  3. Bareham v. City of RochesterNew York Court of Appeals · 1927
  4. Gaud v. WalkerSupreme Court of South Carolina · 1949
  5. Matter of Mooney v. CohenNew York Court of Appeals · 1936

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