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ROCHESTER v. CHIARELLA

58 N.Y.2d 316 (1983)

City of Rochester, Respondent, v. Angelo Chiarella et al., Individually and on Behalf of All Payers of Real Property Taxes to the City of Rochester for the Fiscal Years 1974-1975 through 1977-1978, Appellants, and Stephen J. Sercu et al., Respondents.

Court of Appeals of the State of New York.

Decided March 29, 1983.

Attorney(s) appearing for the Case

Kenneth A. Payment, A. Paul Britton, Jr., and Fred G. Aten, Jr., for Angelo Chiarella, appellant.

Byron Johnson for Quality Packaging Supply Corp. and others, appellants.

Louis N. Kash, Corporation Counsel, for City of Rochester, respondent.

David J. Angelone for Stephen J. Sercu and another, respondents.

John M. Wilson, II, for Rochester Area Chamber of Commerce, Inc., amicus curiae.

Chief Judge COOKE and Judges JASEN, JONES, FUCHSBERG and MEYER concur; Judge SIMONS taking no part.

WACHTLER, J.

Appellant is the representative of a subclass of real property owners in the City of Rochester whose property was assessed for real property taxes in excess of the tax limitations imposed by our State Constitution. Refunds are sought in the amount of the excess taxes paid pursuant to the unconstitutional levy for the tax years 1974-1975 through 1977-1978, although the taxpayers in the subclass had...

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