Hesse v. Rath
Cases that cite this one
38 later published cases cite this decision. The 25 that cite it most often are listed here.
- Stewart Park and Reserve Coalition, Incorporated Sparc) v. Slater (2d Cir. 2003)
- Stewart Park & Reserve Coalition, Inc. v. Slater (2d Cir. 2003)
- City of Pocatello v. Peterson (Idaho 1970)
- City of Heath v. Licking County Regional Airport Authority (Licking County Court of Common Pleas 1967)
- Courtesy Sandwich Shop, Inc. v. Port of New York Authority (N.Y. 1963)
- Hale v. Sullivan (Colo. 1961)
- Allegheny Airlines, Inc. v. Village of Cedarhurst (District Court, E.D. New York 1955)
- Denihan Enterprises, Inc. v. O'Dwyer (New York Supreme Court 1950)
- Airport Authority v. . Johnson (N.C. 1946)
- People Ex Rel. Curren v. Wood (Ill. 1945)
- City of Yankton v. Madson (S.D. 1945)
- Warren Township School District No. 7 v. City of Detroit (Mich. 1944)
- Turner v. . Reidsville (N.C. 1944)
- Turner v. City of Reidsville (N.C. 1944)
- City of Albany v. Bol (New York Supreme Court 1940)
- Krenwinkle v. City of Los Angeles (Cal. 1935)
- In re the County of Monroe (N.Y. 1988)
- Fallica v. Town of Brookhaven (Appellate Division of the Supreme Court of New York 1979)
- Seward County Board of Commissioners v. City of Seward (Neb. 1976)
- Lake George Steamboat Co. v. Blais (N.Y. 1972)
- Golden v. Planning Board of Ramapo (N.Y. 1972)
- Salamar Builders Corp. v. Tuttle (N.Y. 1971)
- County of Orange v. Metropolitan Transportation Authority (New York Supreme Court 1971)
- Hecht v. Pro-Football, Inc. (District Court, District of Columbia 1970)
- Grimm v. County of Rensselaer (N.Y. 1958)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
A statute (L. 1928, ch. 647, amending General Municipal Law, Consol. Laws, ch. 24) authorizes the cities of this State to establish, construct, equip, maintain and operate airports or landing fields for aeroplanes and other aircraft. The local legislative body may regulate the use and establish fees or charges.
The city of Utica, acting under this statute, has contracted to buy 295 acres of land to be used as an airport, and has authorized its officers to issue its corporate bonds in the sum of $120,000 to pay the purchase price.
*438 The Constitution of New York (Article VIII, § 10) provides that no city shall be allowed to incur any indebtedness except for city purposes.
Plaintiff argues that the acquisition of an airport or landing field is not a city purpose, even if a public one, and that the bonds, if issued, will be void.
We think the purpose to be served is both public and municipal.
A city acts for city purposes when it builds a dock or a bridge or a street or a subway (Sun P. & P. Assn. v. Mayor, 152 N. Y. 257). Its purpose is not different when it builds an airport (City of Wichita v. Clapp, 125 Kans. 100). Aviation is today an established method of transportation. The future, even the near future, will make it still more general. The city that is without the foresight to build the ports for the new traffic may soon be left behind in the race of competition. Chalcedon was called the city of the blind, because its founders rejected the nobler site of Byzantium lying at their feet. The need for vision of the future in the governance of cities has not lessened with the years. The dweller within the gates, even more than the stranger from afar, will pay the price of blindness.
The judgment should be affirmed, with costs.
Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ., concur.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.