New York Court of Appeals

In the Matter of Warren Ross, against Lewis A. Wilson, as Commissioner of Education of the State of New York

June 9, 1955308 N.Y. 605

Summary

The New York Court of Appeals reversed the Appellate Division, holding that the district meeting lacked authority to accept a lower offer for the former schoolhouse and that the Commissioner of Education's affirmation was arbitrary and reviewable. The court emphasized the fiduciary duty to obtain the best price and prohibited the use of public funds for a religious purpose. The dissent argued that the majority vote should control the sale and that the Commissioner’s decision was final.