Adriaansen v. Board of Education — 248 N.Y. 542

Majority

p. 542

Jacob Adriaansen, Appellant, v. Board of Education of Union Free School District No. 1 of the Town of Marion, Respondent.

Headnote

Schools — tax — assessment — consolidation of school districts — liability of taxpayer in one of annexed districts to assessment for payment of indebtedness voted in district to which his was annexed before consolidation.

Adriaansen v. Board of Education, 222 App. Div. 320 , affirmed.

(Argued April 6, 1928;

decided May 1, 1928.)

Appeal from a judgment, entered January 7, 1928, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. By order of a District Superintendent of Schools seven school districts in Wayne county were consolidated with Union Free School District

p. 543

No. 1 of the Town of Marion. Prior to that time the electors of the Marion School District had authorized the issuance of bonds to pay for a school. Plaintiff, a taxpayer in one of the annexed districts, brought this action to test the question of his liability to assessment for payment of such bonded indebtedness.

George S. Van Schaick and Howard M. Woods for appellant.

Harry D. Williams and Lawrence G. Williams for Wood & Brooks Company, amicus curiæ.

Clyde W. Knapp for respondent.

Albert Ottinger, Attorney-General, amicus curiæ.

Ernest E. Cole for Commissioner of Education, amicus curiæ.

Simon Fleischman, Frank C. Moore and Martin Clark for Union Free School District No. 1, Town of Tonawanda, amicus curiæ.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman and Kellogg, JJ. Not sitting: O’Brien, J.