Evergreen Cemetery Ass'n v. City of New Haven
Supreme Court of Connecticut
Petition to the Superior Court in New Haven County for . the amending or setting aside of an assessment of damages for a street improvement; brought under a provision of the charter of the respondent city. The petitioners were a cemetery association, organized under the general law with regard to such associations, and owned for purposes of burial certain land taken by the city for the street.
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Petition to the Superior Court in New Haven County for . the amending or setting aside of an assessment of damages for a street improvement; brought under a provision of the charter of the respondent city. The petitioners were a cemetery association, organized under the general law with regard to such associations, and owned for purposes of burial certain land taken by the city for the street. The material part of the petition was as follows: That the city of New Haven, on the 18th day of March, 1873, in pursuance of its corporate powers or otherwise, did order the widening and straightening…
1Opinion of the CourtCarpenter, J.
The city of New Haven, under the general power conferred upon it to lay out, construct and maintain all necessary highways within its limits, proceeded to widen and straighten Winthrop Avenue, one of its streets, and, in doing so, took a triangular piece of land belonging to the petitioners eighteen and a half feet wide at one end and about nine hundred feet long. The land so taken is a part of the land consecrated to the burial of the dead, is now used and occupied by a border eight feet wide of shrubbery, evergreens and other ornamental trees in part, and in part by a portion of Evergreen…
2Cases cited1 opinion
- City of Bridgeport v. New York & New Haven RailroadSupreme Court of Connecticut · 1869
3Cited by36 opinions
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Town of Winchester v. CoxSupreme Court of Connecticut · 1942
- Board of Water Commissioners v. JohnsonSupreme Court of Connecticut · 1912
- Portneuf Irrigating Co. v. BudgeIdaho Supreme Court · 1909
- Cemetery Co. v. Warren School TownshipIndiana Supreme Court · 1957
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