Legal Opinion

In re Phelps

Appellate Division of the Supreme Court of the State of New York

Decided December 29, 1905PublishedCited by 3 opinions

Certiorari issued out of the Supreme Court and attested on the 26th day of November, 1904, directed to the Board of Trustees of the Village of White Plains, New York, commanding the said board to certify and return to the office of the clerk of the county of Westchester all and singular the proceedings had in relation to a certain assessment upon the property of the petitioner.

1Opinion of the Court

Jenks, J.:

This is a certiorari to review proceedings under chapter 353 of the Laws of 1899, as amended by chapter 497 of the Laws of 19,00, by the trustees of the village of White Plains in laying an assessment for the macadamizing and improving of a street called Broadway. The trustees fixed as a district of assessment, chargeable with one-third of the cost, the “ property fronting and abut ting on (said Broadway) in proportion to the number of lineal feet of frontage on said street.” The total number of feet on Broadway assessed was 17,715. The relator has a frontage of 216 feet. At the…

2Cases cited8 opinions

  1. O'Reilley v. . City of KingstonNew York Court of Appeals · 1889
  2. Matter of the Petitions of Laura E. EagerNew York Court of Appeals · 1871
  3. Conde v. . City of SchenectadyNew York Court of Appeals · 1900
  4. Voght v. . City of BuffaloNew York Court of Appeals · 1892
  5. People Ex Rel. Brisbane v. ZollNew York Court of Appeals · 1884

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3Cited by3 opinions

  1. People ex rel. New York, Westchester & Boston Railway Co. v. WaldorfAppellate Division of the Supreme Court of the State of New York · 1915
  2. In re White Plains Presbyterian ChurchAppellate Division of the Supreme Court of the State of New York · 1906
  3. In re Opening Second Street & Third StreetNew York Supreme Court · 1917

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