In Re Mayor of New York
New York Court of Appeals
Appeal, by permission, by the city of Hew York from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 22, 1898, affirming an order of the Special Term directing the commissioners of estimate and assessment, heretofore appointed in this proceeding, to acquire title to the lands required for the opening of One Hundred and Sixty-eighth street. The questions certified for review are as follows : “First.
Read the full summary
Appeal, by permission, by the city of Hew York from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 22, 1898, affirming an order of the Special Term directing the commissioners of estimate and assessment, heretofore appointed in this proceeding, to acquire title to the lands required for the opening of One Hundred and Sixty-eighth street. The questions certified for review are as follows : “First. Was the effect of chapter 1006 of the Laws of 1895, taken in connection with the action taken by the commissioner of street improvements of…
1Opinion of the CourtHaight, J.
We think that the provisions of chapter 1006 of the Laws of 1895 are within the constitutional powers of the legislature, and that the order in this case should be affirmed. It is doubtless true that some of the provisions of the act pertaining to the acquiring of the fee and easements in discontinued streets, if they stood alone, might be construed as authorizing the taking of property for a private use, but when these provisions are considered in connection with the other provisions of the act, we find that they all aim at one object, and that is the laying out and opening of the streets…
2Cited by24 opinions
- Matter of Mayor, Aldermen Commonalty of City of N.Y.New York Court of Appeals · 1909
- In re the City of New YorkNew York Court of Appeals · 1952
- Barber v. . WoolfNew York Court of Appeals · 1915
- McCutcheon v. Terminal Station CommissionNew York Court of Appeals · 1916
- Mayor of Baltimore v. BrengleCourt of Appeals of Maryland · 1911
19 more not listed; retrieve them via the Exa API.