In re Mitchell
Appellate Division of the Supreme Court of the State of New York
. Appeal by the Town of Ithaca and others from an order of the County Court of Tompkins county, entered in the office of the clerk of the county of Tompkins on the 27th day of March, 1903,-confirming the decision of commissioners, appointed on the application of the respondent, to determine upon the necessity of a": highway and to assess the damages therefor.
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. Appeal by the Town of Ithaca and others from an order of the County Court of Tompkins county, entered in the office of the clerk of the county of Tompkins on the 27th day of March, 1903,-confirming the decision of commissioners, appointed on the application of the respondent, to determine upon the necessity of a": highway and to assess the damages therefor. This proceeding was instituted by a taxpayer of the town of Ithaca for the purpose of procuring the laying out of- a public highway in' said town, to commence at the easterly line of the city of Ithaca' and to extend in an easterly…
1Opinion of the Court
Chester, J.:
The appellants urge that public necessity does not require the opening of the proposed road, but we cannot examine that question, as under the statute the decision of the County Court, confirming the decision of the commissioners that it is a public necessity is final. (Highway Law [Laws of 1890, chap; 568], § 89, as amd. by Laws of 1899, chap. 703; Matter of De Camp, 151 N. Y. 557.)
On the hearing before the commissioners a deed from Franklin C. Cornell to the city of Ithaca, dedicating and granting to the city and the public in general for a highway a strip of land forty-nine and…
2Cases cited1 opinion
- Matter of De CampNew York Court of Appeals · 1897
3Cited by1 opinion
- In re FennAppellate Division of the Supreme Court of the State of New York · 1908