Matter of Petition of Roberts
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term denying an application to vacate an assessment upon the property of the petitioner for regulating, grading, etc., Eighty-second street, in the city of New York. (Reported below, 31 Hun, 539.) The facts pertinent to the points discussed are sufficiently set forth in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term denying an application to vacate an assessment upon the property of the petitioner for regulating, grading, etc., Eighty-second street, in the city of New York. (Reported below, 31 Hun, 539.) The facts pertinent to the points discussed are sufficiently set forth in the opinion. The certificate of the board of assessors was unofficial and unauthorized. (Ch. 88, Laws 1787, §§ 4, 6 ; ch. 86, Laws 1813, § 175.) The board of revision and correction has no original taxing…
1Opinion of the Court
Folger, Ch. J.
The common council passed an ordinance that Eighty-second street be regulated and graded. It recited that it was deemed necessary for speed in execution of it that the work be done at the expense of the city, but on account of the persons on whom the same might be assessed. It, therefore, further enacted that the board of assessors make an assessment thereof on the owners of property in proportion to the advantages acquired from the work.
It is claimed that the board of assessors have no authority by law to make an assessment in such case; and the illegality of the exercise of…
2Cases cited3 opinions
- Matter of the Petitions of Laura E. EagerNew York Court of Appeals · 1871
- In Re the Hebrew Benevolent Orphan Asylum SocietyNew York Court of Appeals · 1877
- Manice v. . the Mayor, Aldermen C., of New YorkNew York Court of Appeals · 1853
3Cited by3 opinions
- People ex rel. Radeziwon v. City of BuffaloNew York Supreme Court · 1909
- Reinhardt v. City of BuffaloSuperior Court of Buffalo · 1891
- In the Matter of the Petition of DeeringNew York Court of Appeals · 1881