Legal Opinion

In re the Assessment of Cost & Expense of Improvement of Construction of Lateral Sewer in Amundson Avenue

New York Supreme Court

Decided October 26, 1959PublishedCited by 6 opinions

1Opinion of the CourtSamuel W. Eager, J.

This proceeding was brought to attack the validity of local assessments of $2,128.72 each levied against two 50-foot-front lots on account of the cost of installation of a 12-inch lateral sewer in Amundson Avenue in the City of Mount Vernon abutting the said lots. Clearly, in order to succeed herein, the burden was upon the petitioners to show that the assessments are illegal by reason of lack of authority, by reason of defects of substance in proceedings leading up to the same, or by reason of the discriminatory and arbitrary fixing of the portions of the cost to be borne by petitioners’ *619prop…

2Cases cited14 opinions

  1. Norwood v. BakerSupreme Court of the United States · 1898
  2. Spencer v. . MerchantNew York Court of Appeals · 1885
  3. Gaynor v. MarohnNew York Court of Appeals · 1935
  4. O'Reilley v. . City of KingstonNew York Court of Appeals · 1889
  5. Matter of ZborowskiNew York Court of Appeals · 1877

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3Cited by6 opinions

  1. Nolan v. Bureau of Assessors of New York City Finance AdministrationNew York Court of Appeals · 1972
  2. Brewster-Mill Park Realty, Inc. v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1962
  3. DWS New York Holdings, Inc. v. County of DutchessAppellate Division of the Supreme Court of the State of New York · 1985
  4. Wright v. Town Board of CarltonNew York Supreme Court · 1972
  5. Langdon v. Town of WebsterNew York Supreme Court · 1999

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