Matter of City of N.Y. (Grand Boulevard)
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 20, 1914, which affirmed an order of Special Term confirming the report of commissioners of estimate and assessment in street opening proceedings. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 20, 1914, which affirmed an order of Special Term confirming the report of commissioners of estimate and assessment in street opening proceedings. The facts, so far as material, are stated in the opinion. The effect of the subjection of the two damage parcels in question to the terms of the closing act was to extinguish all easements of adjoining property owners, including those created by grant. (Matter of Mayor, etc. [E. 168th St.], 28 App. Div. 143; 157 N. Y. 409; Matter of…
1Opinion of the CourtCardozo, J.
In this proceeding the city of New York seeks to acquire the fee of lands formerly within the lines of two streets known as Butternut street and Pond Place. The title to the fee was vested, when the proceeding was begun, in the appellants Lowenstein. The courts below have held that the value of the fee was nominal because the land was subject to private easements in favor of abutting owners. It is to those owners, and not to the owners of the fee, that substantial damages have been awarded. The award was made with the approval of the city, which moved the confirmation of the commissioners’…
2Cases cited9 opinions
- Londoner v. City and County of DenverSupreme Court of the United States · 1908
- Pollock v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1895
- Central of Georgia Railway Co. v. WrightSupreme Court of the United States · 1907
- American Land Co. v. ZeissSupreme Court of the United States · 1911
- Blinn v. NelsonSupreme Court of the United States · 1911
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3Cited by26 opinions
- In re the City of New YorkNew York Court of Appeals · 1952
- Electric Short Line Terminal Co. v. City of MinneapolisSupreme Court of Minnesota · 1954
- Matter of City of New York (Newton Avenue)New York Court of Appeals · 1916
- Matter of Scheibel v. . O'BrienNew York Court of Appeals · 1921
- City of Lewiston v. BrintonIdaho Supreme Court · 1925
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