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Kelly v. Chester Fire District

60 N.Y.2d 660 Court N.Y. Decision date 1983-09-20 English

Contents

Majority

p. 660
Michael Kelly, as a Taxpayer of the Town of Chester, et al., Appellants, v Chester Fire District, Respondent.
Decided September 20, 1983
p. 661
APPEARANCES OF COUNSEL
Robert N. Isseks, P. C., for appellants.
John B. Cameron for respondent.

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs. Wé agree with the Appellate Division that the acts here challenged are ultra vires and that the plaintiffs are not entitled to relief under general equitable principles or the doctrine of estoppel.

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons.