NEW YORK STATE ELEC. & GAS CORP. v. CITY OF PLATTSBURGH


282 A.D. 808 (1953)

New York State Electric & Gas Corporation, Respondent, v. City of Plattsburgh et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 2, 1953.


In the guise of a taxpayer plaintiff has brought an action to restrain the City of Plattsburgh and its officials from prosecuting a condemnation proceeding to acquire a part of the electric utility system of the Eastern New York Power Corporation, on the grounds that the proposed acquisition is not necessary for the public use and the acts of the city and its officials relative thereto are ultra vires. In connection therewith plaintiff moved for a temporary injunction...

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