Lawrence v. Freeland — 29 N.Y. St. Rep. 284

Majority

p. 284

Alfred Lawrence et al., Appl’ts, v. Nicholas H. Freeland et al., Resp’ts.

(Supreme Court, General Term, Second Department,

Filed February 10, 1890.)

Headnote

Villages—Water commissioners—Board are sole arbiters as to SOURCE 03? WATER SUPPLY.

The board of water commissioners elected pursuant to chap. 181, Laws 1875, and chap. 811, Laws 1885, are sole arbiters as to the source from, wh'ch to procure the water, and are not required to submit that question to the taxpayers.

p. 285

Appeal from judgment dismissing complaint.

Action to enjoin defendants, who are the board of water commissioners of the village of Tarry town, from building the waterworks in certain lands near the village.

The former commissioners at first decided to locate the works on the Pocantico river, and submitted to the taxpayers the question whether they would bond the village for $100,000 for that purpose, but the scheme was defeated by an injunction obtained by the Pocantico Water Works Co. These defendants were afterwards elected and determined upon the location in question.

Plaintiffs claim that the location is undesirable, and that the defendants are acting in violation of law, in not having ascertained the probable cost and submitted to the taxpayers the question of appropriating the taxes for that purpose.

M T. Lovatt, for app’lts; James S. Millard and Henry G. Griffin, for resp’ts.

The defendants in this case are sued because their conduct as water commissioners did not suit the plaintiffs in their selection of a source of supply from which to get water for the village of Tarrytown. The authority to do the work complained of is found in chap. 181 of the Laws of 1875, and chap. 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 taxpayers the question as to from what source they should procure the water. The board are the sole arbiters 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 water works. 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.

Pratt, J., concurs.