People ex rel. Keller v. City of Buffalo
New York Supreme Court
Motion for judgment on the writ 'and return in certiorari proceedings to review local assessment for repaving, etc., Main street, from the sonth curb of Amherst street to the south approach of the proposed grade crossing improvement.
1Opinion of the CourtPound, J.
Delator raises by this.motion certain questions as to the legality of the assessment to pay the cost of the proposed improvement, to be decided on the undisputed facts.
First. It is urged that, the street having once been paved, the proposed improvement is 'a repcuvement, although the new pavement is to be five feet wider on each side than the old paved portion of the street. If the relator is correct in this contention, one-third of the entire expense of the improve*533ment must be met by general taxation, but if the contention of the city prevails that the improvement is a repavement only to the…
2Cases cited5 opinions
- In Matter of Petition of BurmeisterNew York Court of Appeals · 1879
- Gilmore v. . City of UticaNew York Court of Appeals · 1892
- Matter of GarveyNew York Court of Appeals · 1879
- Matter of AstorNew York Court of Appeals · 1873
- In the Matter of Catharine A. GrubeNew York Court of Appeals · 1880