Lansing & Allen v. Caswell
New York Court of Chancery
This was an application to dissolve an injunction, restraining the defendants from opening and regulating a street or highway, in the village of Lansingburgh, adjacent to the dwelling house of the complainants.
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This was an application to dissolve an injunction, restraining the defendants from opening and regulating a street or highway, in the village of Lansingburgh, adjacent to the dwelling house of the complainants. The street was laid out in May, 1831, by the trustees of the village of Lansingburgh acting in the capacity of commissioners of highways under the act of the 7th of April, 1824, which authorized them to act as such commissioners, upon the certificate of twelve freeholders that such street was necessary ; and also claiming to act in their capacity of trustees of the village. And, by an…
1Opinion of the Court
The Chancellor.
The third section of the act of the 7th of April, 1824, (Laws of 1824, ch. 176, p. 194,) gives to the trustees of the village all the powers of commissioners of highways, within the limits of the village; but such powers must be exercised in conformity with the provisions of the revised statutes. (See 2 R. S. 779, § 10, 11.) There was there*522fore an unquestionable right, on the part of the complainants’,, to appeal from the decision of the trustees, acting as commissioners of highways, in laying out and altering the road in question; and I cannot conceive upon what grounds the…
2Cited by3 opinions
- Hausee v. FieroNew York Supreme Court · 1890
- Ex parte ClapperNew York Supreme Court · 1842
- Kubak v. HalseyNew York Supreme Court · 1914