In re Tappan
New York Supreme Court
APPEAL from an order made at a special term, denying the application of Frederick D. Tappan, to vacate certain assessments of property in the city of Hew York. The objections to the assessments were as follows: First. It was objected, to all the assessments, that they included a charge for assessing. The gross amount charged for assessing was $705.75. Second. That the assessments had never been confirmed by the common council. Third.
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APPEAL from an order made at a special term, denying the application of Frederick D. Tappan, to vacate certain assessments of property in the city of Hew York. The objections to the assessments were as follows: First. It was objected, to all the assessments, that they included a charge for assessing. The gross amount charged for assessing was $705.75. Second. That the assessments had never been confirmed by the common council. Third. That they did not state the name of the owner or owners, occupant or occupants, of the property assessed. Fourth. It was specially objected to two of the…
1Opinion of the Court
By the Court,
Geo. G. Barnard, J.
I am not satisfied that the charge for making assessments is illegal. The common council are authorized to assess the cost of a local improvement upon the property benefited thereby. The fees of the officers who do this duty are a part of the cost of the work. These officers are now paid by a salary from the city treasury. It is just that the expenses of an office created for, and having no other duty to perform than to assess the costs of those improvements upon the lands which ought to pay therefor, should be paid as the other expenses are paid. It appears…
2Cited by6 opinions
- In the Matter of the Petition of MerriamNew York Court of Appeals · 1881
- In re ShafferAppellate Division of the Supreme Court of the State of New York · 1910
- People ex rel. Stow v. Common CouncilAppellate Division of the Supreme Court of the State of New York · 1899
- People ex rel. Stow v. Common CouncilAppellate Division of the Supreme Court of the State of New York · 1899
- People ex rel. Osborne v. GilonNew York Supreme Court · 1889
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