Matter of Application of Woolsey
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made May 26, 1883, which reversed an order of Special Term denying a motion to vacate an order appointing commissioners of estimate and assessment in the matter of opening, widening and improveinent of Flushing avenue in Long Island City, and an order confirming their report. The order of General Term vacated both orders.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made May 26, 1883, which reversed an order of Special Term denying a motion to vacate an order appointing commissioners of estimate and assessment in the matter of opening, widening and improveinent of Flushing avenue in Long Island City, and an order confirming their report. The order of General Term vacated both orders. (Reported below, 29 Hun, 626.) The facts so far as material are stated in the opinion. Questions affecting the constitutional validity of an act should be most carefully…
1Opinion of the CourtMiller, J.
By the Constitution of this State, section 18 of article 3, it is provided that “ the legislature shall not pass a private or local bill * * * laying out, opening, altering, working or discontinuing roads, highways or alleys.” By chapter 461 of the Laws of 1871 an act was passed revising the charter of Long Island City in which a uniform system of street openings was established and the highways were put under the control of the common council as commissioners of highways. Subsequently in 1878, by chapter 410 of the Laws of that yearj an act was passed by which commissioners were appointed to…
2Cases cited2 opinions
- People Ex Rel. Board of Commissioners v. BanksNew York Court of Appeals · 1876
- Howell v. . the City of BuffaloNew York Court of Appeals · 1867
3Cited by20 opinions
- City of Cohoes v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1892
- Russell v. BushSupreme Court of Alabama · 1916
- Matter of BurnsNew York Court of Appeals · 1898
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1901
- Boston & M. R. R. v. DanielCourt of Appeals for the Second Circuit · 1923
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