Drake v. City of Buffalo

Headnote

Municipal corporations — Buffalo (city of) — temporary injunction restraining the- holding of a special election vacated — submission to electors of resolution of city council.

Dralce v. City of Buffalo, 220 App. Div. 233 , affirmed.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial.

department, entered March 31, 1927, which affirmed an order of Special Term vacating a temporary injunction restraining the defendants from holding a special election pursuant to a resolution of the council of the city of Buffalo, submitting to the electors the following question: “ Shall the action of the council, taken December 29, 1926, in adopting item No. 57, authorizing the expenditure of two million one hundred sixty-nine thousand two hundred and sixteen ($2,169,216.00) dollars by the board of managers of the Buffalo City Hospital for additions to and alterations of existing buildings, be approved? ”

The following question was certified: “ Does section 31 of the charter of the city of Buffalo, upon the filing of the requisite petition and the refusal of the council to rescind, require the submission to the electors of the resolution which is item 57, page 3036 of the council proceedings of the city of Buffalo of December 29, 1926, set forth in the complaint herein? ”