People ex rel. Prosperity Co. v. Marvin

The taxing authorities of the city of Syracuse levied a tax upon petitioner’s property for a local improvement. Petitioner, by certiorari proceeding, sought to establish the illegality of the assessment upon several grounds, among them being the claim that the tax was levied for more than the cost of the improvement, and another being that the tax was inequitable in that it was all assessed against property not at all benefited by the improvement and that no part of it was assessed against the only property that was benefited. Respondents stipulated that the first-mentioned objection was…