Fred H. Grimm, as Treasurer of the City and County Taxpayers Association, et al, Appellants,
v.
County of Rensselaer et al., Respondents, and Louis J. Lefkowitz, Attorney-General of the State of New York, et al., Intervenors-Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued May 16, 1958.
Decided June 25, 1958.
Attorney(s) appearing for the Case
Seymour Fox for appellants.
Elmer M. Rasmussen, County Attorney, for respondents.
Louis J. Lefkowitz, Attorney-General (Dunton F. Tynan and Paxton Blair of counsel), intervenor-respondent in person.
John C. Crary, Jr., for State University of New York, intervenor-respondent.
Elmer R. Weil, County Attorney (Wortley B. Paul of counsel), for County of Erie; William V. Welch, County Attorney, for County of Dutchess; Pirnie Pritchard, County Attorney, for County of Oneida; Thomas R. Hadaway, County Attorney, for County of Orange; Harry G. Herman, County Attorney, for County of Westchester; Daniel Isaacson, Corporation Counsel, for City of Jamestown, and Charles O'Brien, County Attorney, for County of Broome, amici curiæ, in support of respondents' position and the position of State University of New York, intervenor-respondent.
Peter Campbell Brown, Corporation Counsel (Seymour B. Quel, Robert E. Hugh and Sidney P. Nadel of counsel), for City of New York, and others, amici curiæ, in support of respondents' position.
Chief Judge CONWAY and Judges DESMOND, DYE, FROESSEL, VAN VOORHIS and BURKE concur.
Court of Appeals of the State of New York.
FULD, J.
This taxpayers' action, brought pursuant to section 51 of the General Municipal Law, challenges the constitutionality of article 126 of the Education Law and seeks to enjoin the Board of Supervisors of Rensselaer County from issuing and selling notes and bonds to finance the county's share of the capital costs of the Hudson Valley Technical Institute pursuant to a resolution adopted by the board. Following...
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