People's Gas & Electric Co. v. City of Oswego

Headnote

Taxpayer’s action — municipal corporations — action to restrain the compromise of claims of the city of Oswego against the State.

People’s Gas & Electric Co. of Oswego v. City of Oswego, 207 App. Div. 883 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 17, 1923, unanimously affirming a judgment in favor of defendants entered upon the report of a referee. The action was brought pursuant to section 51 of the General Municipal Law and seeks to restrain the defendants from consummating a compromise and settlement of certain claims of the city of Oswego against the State of New York arising out of appropriations of land made from and consequential damages caused to the city by the State, in connection with the construction by the State of the improved Oswego canal, commonly called the Barge canal, and from completing in connection with such compromise an adjustment of and quieting the title to the property rights of the city and State in the use of the waters of the Oswego river, and the conveyance of certain of the uplands and easements in other uplands by the State to the city at the west end of Barge canal dam No. 6, in the Oswego river, at the city of Oswego.