1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 5 N.Y.2d
  5. 5 N.Y.2d 164 (1959)
 

MTR. OF CITY OF UTICA v. WATER CONTROL BD.

5 N.Y.2d 164 (1959)

In the Matter of the City of Utica, Appellant, v. Water Pollution Control Board, Respondent.

Court of Appeals of the State of New York.

Decided January 22, 1959.

Attorney(s) appearing for the Case

Jack J. Danella, Corporation Counsel (Stanley Drejza of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Richard H. Shepp and Paxton Blair of counsel), for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE, FROESSEL and BURKE concur with Judge FULD; Judge VAN VOORHIS dissents and votes to reverse and to hold article 12 of the Public Health Law to be an unconstitutional delegation of power, due to the construction placed upon that statute by the court in Matter of Town of Waterford v. Water Pollution Control Bd. (, decided herewith), and for the reasons stated in his dissenting opinion in that case.

FULD, J.

After years of careful and detailed study of the problem of water pollution and its abatement (Report of Joint Legislative Committee, N. Y. Legis. Doc., 1927, No. 78; Reports of Special Committee on Pollution Abatement, N. Y. Legis. Docs., 1947, No. 59; 1948, No. 50; 1949, No. 51), the Legislature in 1949 enacted the Water Pollution Control Law (L. 1949, ch. 666; Public Health Law, art. 12, §§...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases