New York Court of Appeals
In the Matter of the Application of William A. Fowler, Water and Sewerage Commissioners, for the Appointment…
May 21, 187353 N.Y. 60
Summary
The Court of Appeals affirmed the Supreme Court's order appointing commissioners to open Dean Street, holding that the legislature's delegation of eminent domain power precludes judicial inquiry into necessity, and that the board's authority to seek such an order is not exhausted by having already constructed the sewer.