Blake v. City of Brooklyn

By the Court, Emott, J.

The complaint in this action seems to have been framed to restrain the proceedings of the defendants in filling up a portion of the plaintiff’s lots, and to vacate the assessment laid for the expense of this filling, as an improper exercise of authority or discretion; although in the argument before us the chief stress was laid upon the unconstitutionality of the ordinance complained of, or the law under which it was made. In any aspect of the question, however, I am quite clear that no case is disclosed upon these papers which demands or justifies the interposition of…