In re the Assessment of the Cost & Expense of the Improvement of Central Parkway

Petitioners have instituted this proceeding pursuant to the provisions of sections 164-166 of the Second Class Cities Law for the cancellation of assessments levied by the city of Schenectady against their properties for the improvement of an alleged public street in that city known as Central parkway on the ground that the city officials have no jurisdiction to levy the same.

The facts are not in dispute and only questions,of law are involved.

In the year 1913 the city acquired by condemnation a tract of land for park purposes which is designated and known as Central Park. This land was paid…