Niagara Falls Power Co. v. White
New York Court of Appeals
I. Plaintiff did not follow the proper procedure for determining the constitutionality of chapter 46 of the Laws of 1943, and therefore the Supreme Court did not have jurisdiction of the subject matter of the complaint. Special Term properly exercised its discretion in holding that the complaint did not state a case for declaratory judgment.
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I. Plaintiff did not follow the proper procedure for determining the constitutionality of chapter 46 of the Laws of 1943, and therefore the Supreme Court did not have jurisdiction of the subject matter of the complaint. Special Term properly exercised its discretion in holding that the complaint did not state a case for declaratory judgment. (Reed v. Littleton, 275 N. Y. 150; James v. Alderton Doch Yards, 256 N. Y. 298; Somberg v. Somberg, 263 N. Y. 1; Newburger v. Lubell, 257 N. Y. 383; Woollard v. Schaffer Stores Go., 272 N. Y. 304; Brown v. Equitable Life Assur. Society of TJ. S., 290 N.…
1Opinion of the CourtDesmond, J.
Plaintiff hy this suit seeks to obtain a judicial declaration of the unconstitutionality of chapter 46 of the Laws of 1943. That chapter added a new section (612) to the Con servation Law and amended sections 614, 634 and 639 thereof. These statutory changes were intended to achieve the State’s purpose of charging, fixing and collecting from plaintiff, beginning July 1,1943, an ‘1 equitable rental * * * for the diversion of water from the Niagara River to the extent of a daily diversion at the rate of fifteen thousand one hundred cubic feet per second ”• (§ 614). In 1942 we had held (Water…
2Cases cited23 opinions
- Condon v. Associated Hospital ServiceNew York Court of Appeals · 1942
- New York Foreign Trade Zone Operators, Inc. v. State Liquor AuthorityNew York Court of Appeals · 1941
- Porto Rico v. RamosSupreme Court of the United States · 1914
- Breen v. Mortgage CommissionNew York Court of Appeals · 1941
- California v. LatimerSupreme Court of the United States · 1938
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3Cited by64 opinions
- Psaty v. DuryeaNew York Court of Appeals · 1954
- Somers v. HillSupreme Court of Connecticut · 1956
- Ciulla v. StateNew York Court of Claims · 1948
- CONDENSER SERVICE, ETC., CO., INC. v. American Ins. Co.New Jersey Superior Court Appellate Division · 1957
- Howard v. MurrayNew York Court of Appeals · 1976
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