Legal Opinion

Angelone v. City of Rochester

Appellate Division of the Supreme Court of the State of New York

Decided February 20, 1980PublishedCited by 15 opinions

1Opinion of the Court

*446OPINION OF THE COURT

Cardamone, J. P.

This litigation results from the Court of Appeals holding in Waldert v City of Rochester (44 NY2d 831, modfg 61 AD2d 147) which directs the City of Rochester to refund property taxes it collected for the years 1976-1978 in excess of the 2% limitation in the State Constitution (NY Const, art VIII, § 10). The city’s response to the Waldert directive was its enactment of Ordinance No. 79-307 entitled "An Ordinance Authorizing Refund of Unconstitutional Real Property Taxes Levied in 1976-77 and 1977-78”. We hold that the ordinance is unconstitutional.

Briefly,…

2Cases cited7 opinions

  1. Hurd v. City of BuffaloNew York Court of Appeals · 1974
  2. Hurd v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1973
  3. Antonopoulou v. BeameNew York Court of Appeals · 1973
  4. Cherey v. City of Long BeachNew York Court of Appeals · 1940
  5. Bethlehem Steel Corp. v. Board of Education of the City School District of LackawannaAppellate Division of the Supreme Court of the State of New York · 1978

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3Cited by15 opinions

  1. City of Rochester v. ChiarellaNew York Court of Appeals · 1983
  2. Corporate Property Investors v. Board of AssessorsAppellate Division of the Supreme Court of the State of New York · 1989
  3. City of Rochester v. ChiarellaAppellate Division of the Supreme Court of the State of New York · 1982
  4. Angelone v. City of RochesterNew York Court of Appeals · 1981
  5. Central Buffalo Project Corp. v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1980

10 more not listed; retrieve them via the Exa API.

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