New York Court of Appeals

Western New York Water Company, Respondent v. City of Buffalo, Appellants

February 24, 1926242 N.Y. 202

Summary

The New York Court of Appeals reversed the lower courts and dismissed the taxpayer's action seeking an injunction to stop the City of Buffalo from selling water to out‑of‑city corporations. The Court held that a taxpayer may not maintain such an action on the basis of mere illegality alone; the plaintiff must also show waste, injury, or a threat to the public interest.