HACKER v. COMMON COUNCIL, ITHACA


49 Misc.2d 69 (1966)

Andrew Hacker, Plaintiff, v. Common Council of the City of Ithaca et al., Defendants.

Supreme Court, Tompkins County.

January 31, 1966


Attorney(s) appearing for the Case

Wiggins Tsapis & Golder for plaintiff. Norman D. Freeman, City Attorney, for Common Council of City of Ithaca and others, defendants. Folmer, Ryan, Fenstermacher & Yesawich for Frances C. MacDaniels, defendant. Louis J. Lefkowitz, Attorney-General (Walter J. Hogan of counsel), for State Commissioner of Health, amicus curiæ.


HOWARD A. ZELLER, J.

"Shall a proposed local law, to amend Section 3-17 and 5-17 of the Ithaca City Charter, to prohibit the fluoridation of the water supplied by the City be approved?" This proposal was approved by a majority of the qualified voters of the city at the general election of November 2, 1965. In this taxpayer's action plaintiff moves for summary judgment declaring this purported amendment of the city charter invalid. There are no factual...

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