New York Court of Appeals
Peter F. Gaynor, Appellants v. William J. Marohn, Constituting the Board of Supervisors of the County…
September 9, 1935268 N.Y. 417
Summary
The Court reversed the lower court, holding that portions of the Albany Light, Heat and Power Authority Act are unconstitutional because they permit the county to issue bonds that would be payable from taxes on property outside the designated district, violating the debt limitation of Article VIII, §10, while affirming that the Act does not violate Home Rule or tax‑exemption provisions. The complaint is sustained as to the unconstitutional provisions and the motion to dismiss is denied.