Hoffeld v. . City of Buffalo
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made December 30, 1889, which affirmed a judgment in favor of defendant entered upon, a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The assessment is illegal and voidable.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made December 30, 1889, which affirmed a judgment in favor of defendant entered upon, a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The assessment is illegal and voidable. (1 Desty on Taxn. 528, §§ 4, 10; Clark v. Village of Dunkirk, 12 Hun, 181; Savage v. City of Buffalo, 59 id. 606; Le Roy v. Mayor, etc., 20 Johns. 429; People v. Jefferson Co., 55 N. Y. 604; In re Cruger, 34 id. 619;…
1Opinion of the CourtBkadley, J.
By this action in equity the plaintiff sought to have it adjudged that an assessment made upon his land in the city of Buffalo was void, and for that reason to restrain its. collection and stay a pending proceeding to set it off against a sum awarded to him by the city for his property there appropriated for a street.
In proceedings had for that purpose, pursuant to the statute, lands were taken for the extension of Lord street from Seneca, street to Seymour street, awards were made to the owners of the lands so taken, and the common council of the city fixed the amount to be raised to pay for…
2Cases cited4 opinions
- O'Reilley v. . City of KingstonNew York Court of Appeals · 1889
- Strusburgh v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1882
- Kennedy v. . City of TroyNew York Court of Appeals · 1879
- Clark v. . the Village of DunkirkNew York Court of Appeals · 1878
3Cited by11 opinions
- County of Monroe v. . City of RochesterNew York Court of Appeals · 1898
- In re the Consolidated Appeals of KlockAppellate Division of the Supreme Court of the State of New York · 1898
- Durkee v. City of BarreSupreme Court of Vermont · 1909
- Delaware & Hudson Canal Co. v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1899
- City of Ithaca v. BabcockAppellate Division of the Supreme Court of the State of New York · 1902
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