TOWN OF SOUTHPORT v. ROSS


202 Misc. 766 (1951)

Town of Southport, Chemung County, Plaintiff, v. Charles E. Ross, Defendant.

Supreme Court, Trial Term, Chemung County.

December 10, 1951.


Attorney(s) appearing for the Case

James E. Personius for plaintiff.

Bertram A. Ziff for defendant.


ZELLER, J.

An ordinance adopted by a municipal corporation pursuant to authority expressly delegated by the Legislature has the same force as a statute enacted by the Legislature. However, where the authority to legislate is general and the manner of exercising it is not specified, there must be a reasonable use of such authority or the ordinance may be declared invalid by the courts. (Matter of Stubbe v. Adamson, 220 N.Y. 459.)

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