C. Clarence Kaskel v. Vincent R. Impellitteri, Constituting the Board of Estimate of the City of New York, and…

Summary

The New York Court of Appeals affirmed the lower court's dismissal of the taxpayer's suit, holding that the city officials' determination that the Columbus Circle area is a substandard and insanitary slum is within statutory discretion and not subject to judicial review, that the General Municipal Law § 72‑k and the Constitution's slum‑clearance provision are constitutional, and that the plaintiff lacks standing under § 51 absent fraud. Justice Van Vooehis dissented, arguing that the project's primary purpose is not slum clearance and that a trial is warranted.