Majority
p. 807Lawrence et al. v. Freeland et al. (Supreme Court, General Term, Second Department. February 12, 1890.) Argued before Barnard, P. J., and Pratt, J.
Headnote
Municipal Corporations—Powers of Water Commissioners.Under Laws N. Y. 1875, c. 181, as amended by Laws 1885, c. 211, authorizing the water commissioners of an incorporated village to procure by purchase or condemnation a source of supply, the commissioners are the sole arbiters of the question as to what source they should procure the water from, and the fact that their judgment does not suit the tax-payers does not make their conduct illegal.
Appeal from special term, Westchester county.
Action by Alfred Lawrence and three other tax-payers of the village of Tarrytown, to enjoin the water commissioners of that village from locating a well to procure water. The complaint was dismissed on the merits, and plaintiffs appeal.
E. T. Lovatt, for appellants. J. S. Millard, for respondents.
The defendants in this case are called because their conduct as water commissioners did not suit the plaintiffs in their selection of a
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source of supply from which to get water for the village of Tarrytown. The authority to do the work complained of is found in chapter 181 of the Laws of 1875, and chapter 211 of the Laws of 1885, amending the first act. The acts named confer upon the said water commissioners the power to procure, by purchase or condemnation, a source of supply, and they are not required by either of said acts to submit to the tax-payers the question as to from what source they should procure the water. The board is the sole arbiter of this question, and they decided to purchase the Brown & Storms or East View property, so called, and have purchased the same, and established the waterworks. The water commissioners acted entirely within the law, and that their judgment does not suit the plaintiffs does not make the conduct illegal. The judgment must therefore be affirmed, with costs.