Legal Opinion

People Ex Rel. Brownell v. Board of Assessors

New York Court of Appeals

Decided October 23, 1908PublishedCited by 4 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 7, 1908, which affirmed an order of Special Term denying a motion to quash a writ of certiorari to review the proceedings of the defendant in certifying that a petition for the repaving of a certain street was signed by a majority of the resident owners of land fronting thereon. The facts, so far as material, are stated in the opinion.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 7, 1908, which affirmed an order of Special Term denying a motion to quash a writ of certiorari to review the proceedings of the defendant in certifying that a petition for the repaving of a certain street was signed by a majority of the resident owners of land fronting thereon. The facts, so far as material, are stated in the opinion. The certificate of the board of assessors that the application was made by a majority of the owners and that they owned at least…

1Opinion of the CourtHaight, J.

On or about the 11th day of November, 1907, a petition was presented to the common council of the city of Buffalo by alleged property owners liable to be assessed for improvement of Broadway in the city of Buffalo, from Herman street to Bailey avenue, praying that the same may be paved with German rock asphalt. The petition appears to have been received by the common council and referred to the board of assessors for the purpose of having that board determine whether the petition was signed by a majority of the resident owners of real estate fronting upon the street, and as to whether the…

2Cases cited1 opinion

  1. In the Matter of KiernanNew York Court of Appeals · 1875

3Cited by4 opinions

  1. Cowles v. School District No. 88Supreme Court of Kansas · 1913
  2. Bismark v. Incorporated Village of BayvilleAppellate Division of the Supreme Court of the State of New York · 1964
  3. Bushansky v. LantinbergAppellate Terms of the Supreme Court of New York · 1914
  4. Matter of Larchmont Pancake House v. Board of AssessorsNew York Court of Appeals · 2019

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