In the Matter of Churchill
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 which denied an application of the petitioner to vacate an assessment, upon certain lots belonging to him in the city of New York, for regulating and grading Seventy-sixth street, from the Fifth avenue to the East river. The facts are sufficiently stated in the opinion.
Read the full summary
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term which denied an application of the petitioner to vacate an assessment, upon certain lots belonging to him in the city of New York, for regulating and grading Seventy-sixth street, from the Fifth avenue to the East river. The facts are sufficiently stated in the opinion. The assessment was illegal and void, as it assessed one class of improvement on another class and exempted the latter. (Hassan v. Rochester, 67 N. Y. 324; In re P. E. School, 75 id. 324.) The board…
1Opinion of the CourtMiller, J.
The petitioner was assessed for the regulating and grading of Seventy-sixth street, for two lots situated on said street, between First avenue and avenue A. A space marked on the map annexed to the assessment as avenue B, to the depth of one hundred feet, crossing said street at right' angles, was omitted from being assessed upon the assessment roll. It is claimed that this space had been closed as a jrublic street, stricken from the map, and was subject to assessment, and that the omission to assess the same rendered the entire assessment illegal and void. The principle that all property…
2Cases cited3 opinions
- Hassan v. . City of RochesterNew York Court of Appeals · 1876
- In Re the Second Avenue Methodist Episcopal Church to Vacate an AssessmentNew York Court of Appeals · 1876
- Matter of SchellNew York Court of Appeals · 1879
3Cited by2 opinions
- Mansfield v. City of LockportNew York Supreme Court · 1898
- In the Matter of the Petition of DeeringNew York Court of Appeals · 1881