People Ex Rel. Scott v. . Pitt
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 15, 1901, dismissing a writ of certiorari to review a local assessment made by the defendants against the property of the relator. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 15, 1901, dismissing a writ of certiorari to review a local assessment made by the defendants against the property of the relator. The facts, so far as material, are stated in the opinion. Section 208 of chapter 128 of the Laws of 1899 is unconstitutional and void in that said section arbitrarily fixes an assessment on the petitioner’s property without allowing the petitioner any opportunity to be heard as to the cost or value of the improvement provided for by said…
1Opinion of the CourtO’Brien, J.
The order, from which this appeal was taken, dismissed the writ of certiorari procured by the relator to review an assessment for a local improvement, and the order also confirms the assessment. The assessment was imposed as part of the expense of the construction of a sewer in the city of New Rochelle, in a street in front of the relator’s property. It appears that prior to the incorporation of the city by chapter one hundred and twenty-eight of the Laws of 1899 the then village authorities had projected and mapped out an extensive sewer system under chapter three hundred and eleven of the…
2Cases cited7 opinions
- French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
- Spencer v. MerchantSupreme Court of the United States · 1888
- Spencer v. . MerchantNew York Court of Appeals · 1885
- Genet v. . City of BrooklynNew York Court of Appeals · 1885
- Carson v. Brockton Sewerage CommissionSupreme Court of the United States · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Northern Pacific Railway Co. v. City of SeattleWashington Supreme Court · 1907
- Atlantic Coast Line Railroad v. City of GainesvilleSupreme Court of Florida · 1922
- McGarvey v. SwanWyoming Supreme Court · 1908
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1942
- Pardee v. RayfieldAppellate Division of the Supreme Court of the State of New York · 1920
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