Majority
p. 534Ross F. Brooks et al., Appellants, v. Walter B. Wyman et al., as Trustees of Central School District No. 3 of the Town of Crown Point, Respondents. (Argued October 5, 1927; decided October 11, 1927.)
Headnote
Taxpayer's action — schools — action to restrain trustees of school district from selling bonds for erection of school building — school district not a municipal corporation.Brooks v. Wyman, 220 App. Div. 204 , affirmed.
Appeal from a judgment, entered March 18, 1927, upon an order of the Appellate Division of the Supreme Court in the third judicial department, which reversed an order of Special Term denying a motion for a dismissal of the complaint and granted said motion in a taxpayer’s action to restrain the defendants, trustees of a school district, from selling bonds and taking steps for the erection of a school building.
Fred W. Dudley, Franklin A. Rowe and Roy Lockwood for appellants.
Ralph E. Rogers for respondents.
Judgment affirmed, with costs; held, that a school district is not a municipal corporation within the meaning of section 51 of the General Municipal Law. (See General Municipal Law, § 2; Hamilton v. Baker, 243 N. Y. 578 .)
Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.
Cases cited
- Hamilton v. Baker 243 N. Y. 578 p. 534