Archer v. . City of Mount Vernon
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 8, 1901, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
1Opinion of the CourtHaight, J.
This action was brought to vacate an assessment upon the grounds that it was illegal and void for the reason that the common council in changing the grade and paving Columbus avenue in the city of Mount Vernon proceeded under sections 180 to 186 of its charter instead of 187.
Under the defendant’s charter the council is given the power to establish the grade of its streets where no grade has been previously established without compensation to the abutting owners. But if a grade has once been established and then changed the damages resulting therefrom shall be ascertained and paid as provided…
2Cases cited1 opinion
- Szuchy v. . Hillside Coal Iron Co.New York Court of Appeals · 1896
3Cited by8 opinions
- Breinig v. SparrowIndiana Court of Appeals · 1907
- Excelsior Motor Mfg. & Supply Co. v. Sound Equipment, Inc.Court of Appeals for the Seventh Circuit · 1934
- Fuller v. . City of Mount VernonNew York Court of Appeals · 1902
- Van Norden Trust Co. v. L. Rosenberg, Inc.Appellate Terms of the Supreme Court of New York · 1909
- Cleveland Trust Co. v. IngallsCuyahoga County Probate Court · 1963
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