Matter of Rhinelander
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 denying the application to vacate an assessment upon certain lands of the petitioner in the city of ¡New York for a sewer in Eighty-eighth street and in ¡Ninety-first street, in said city.
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Appeal from order of the General Term of the Supreme Court in the first judicial department affirming an order of Special Term denying the application to vacate an assessment upon certain lands of the petitioner in the city of ¡New York for a sewer in Eighty-eighth street and in ¡Ninety-first street, in said city. The grounds of the application were that the common council had made no ordinance authorizing the building of the sewer, and that at the time of building the sewer and making the assessment ¡Ninety-first street had not been opened as a street or highway. The case was decided…
1Opinion of the CourtEarl, J.
The point that the sewer was not built in a street was not considered when this case was decided. The only opinion written in this case was for reversal upon another ground. The order was affirmed upon an opinion written in another case in which this point was not involved. Hence the point, our attention having been called to it, must now be considered.
The assessment complained of was, in part, for the construction of a sewer in what is called Hinety-first street, between Second and Fourth avenues, and the petitioner claims that that portion of the alleged street had never been opened or…
2Cases cited1 opinion
- People Ex Rel. Williams v. . HainesNew York Court of Appeals · 1872
3Cited by16 opinions
- Moore v. . City of AlbanyNew York Court of Appeals · 1885
- Mott v. . EnoNew York Court of Appeals · 1905
- Marie v. GarrisonThe Superior Court of New York City · 1883
- St. Paul Trust & Savings Bank v. American Clearing Co.District Court, S.D. Florida · 1923
- Collins v. City of PhœnixCourt of Appeals for the Ninth Circuit · 1931
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