NIAGARA MOHAWK v. TROY DIST.


59 N.Y.2d 262 (1983)

Niagara Mohawk Power Corporation, Respondent, v. City School District of the City of Troy, Appellant.

Court of Appeals of the State of New York.

Decided June 14, 1983.


Attorney(s) appearing for the Case

Anne Reynolds Copps and Thomas J. O'Connor for appellant.

David J. Calverley, Adelbert Fleischmann and Philip H. McIntyre for respondent.

Robert J. Rader and Norman H. Gross for the New York State School Boards Association, Inc., amicus curiae.

Judges JONES, WACHTLER and MEYER concur with Judge SIMONS; Chief Judge COOKE dissents and votes to reverse in a separate opinion; Judge JASEN taking no part.


SIMONS, J.

Plaintiff seeks to recover a portion of real property taxes paid defendant claiming the levies were illegal because they exceeded the 2% constitutional limitation on taxation of real property (see NY Const, art VIII, § 10; Hurd v City of Buffalo, 34 N.Y.2d 628, affg 41 A.D.2d 402; Bethlehem Steel Corp. v Board of...

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