Viscusi v. City of Schenectady

New York Supreme Court

Viscusi v. City of Schenectady

198 Misc. 732, 100 N.Y.S.2d 791, 1950 N.Y. Misc. LEXIS 2190

CourtNew York Supreme Court

DecidedSeptember 18, 1950

StatusPublished

Cited by2 cases

This text of 198 Misc. 732 (Viscusi v. City of Schenectady) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Viscusi v. City of Schenectady, 198 Misc. 732, 100 N.Y.S.2d 791, 1950 N.Y. Misc. LEXIS 2190 (N.Y. Super. Ct. 1950).

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Opinion

Bookstein, J.

The provisions of section 83 of the General City Law here involved constitute a limitation on the general legislative powers of the common council and must be strictly construed. Concededly, the protest was not acknowledged. ‘ ‘ The court may not exercise a dispensing power based on the principles of abstract justice fitting the particular case. It may only see that the requirements of the law are complied with.” (Ponsrok v. City of Yonkers, 254 N. Y. 91, 95.) In the absence of a protest which complies with the requirements of section 83 of the General City Law, a majority vote of the council is adequate to pass a valid ordinance, amending the local zoning laws.

On an application for a temporary injunction, the right thereto must be clear, before it can be granted. This application fails to present such a situation.

Motion for temporary injunction denied.

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Bookstein, J.

The provisions of section 83 of the General City Law here involved constitute a limitation on the general legislative powers of the common council and must be strictly construed. Concededly, the protest was not acknowledged. ‘ ‘ The court may not exercise a dispensing power based on the principles of abstract justice fitting the particular case. It may only see that the requirements of the law are complied with.” (Ponsrok v. City of Yonkers, 254 N. Y. 91, 95.) In the absence of a protest which complies with the requirements of section 83 of the General City Law, a majority vote of the council is adequate to pass a valid ordinance, amending the local zoning laws.

On an application for a temporary injunction, the right thereto must be clear, before it can be granted. This application fails to present such a situation.

Motion for temporary injunction denied.

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Bluebook (online)

198 Misc. 732, 100 N.Y.S.2d 791, 1950 N.Y. Misc. LEXIS 2190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/viscusi-v-city-of-schenectady-nysupct-1950.

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