Havermans v. City of Troy

— The proceedings in laying out Madison avenue are not assailed on the ground of fraud or collusion, hut for certain alleged irregularities in the proceedings which are claimed by the plaintiffs to render them void. This motion does not involve a consideration of the merits of the enterprise, whether it will be advantageous or not. It is the province of the common council and the local assessors to determine that question. I shall, therefore, only consider the legal questions which are presented.

The plaintiffs insist that the petition which was presented to the common council and the notice…