Matter of Ninth Ave. and Fifteenth St.
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the second judicial department, affirming an order of the Special Term for the county of Kings, confirming the report of commissioners of estimate and assessment. The act of May 7, 1869 (Laws 1869, ch. 700, p. 1Q58), directs that Minth avenue and Fifteenth street, in the city of Brooklyn, be widened and opened, under the supervision of the Brooklyn park commissioners.
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Appeal from an order of the General Term of the Supreme Court, in the second judicial department, affirming an order of the Special Term for the county of Kings, confirming the report of commissioners of estimate and assessment. The act of May 7, 1869 (Laws 1869, ch. 700, p. 1Q58), directs that Minth avenue and Fifteenth street, in the city of Brooklyn, be widened and opened, under the supervision of the Brooklyn park commissioners. By section 2, commissioners of estimate and assessment are to be appointed by the court, who are directed to estimaté the expense of such widening and opening,…
1Opinion of the CourtGrover, J.
It was for the legislature to determine whether the expense of widening Ninth avenue and Fifteenth street, in the city of Brooklyn, should be paid by the city at large, or assessed upon the property benefited by the improvement; and in case of adopting the latter mode, to provide for the assessment of such property in proportion to the benefit received. (Litchfield v. Vernon, 41 N. Y., 123.) To effect this, section three of the act (Laws of 1869, vol. 2, 1659), provides that, before any assessment for such widening and opening is made, the park commissioners shall, by resolution, fix a…
2Cited by6 opinions
- Trustees for the Support of Public Schools v. Inhabitants of TrentonSupreme Court of New Jersey · 1879
- Matter of Mayor, Etc., of New YorkNew York Court of Appeals · 1906
- Town of Tonawanda v. StateNew York Court of Claims · 1966
- City of Little Falls v. StateNew York Court of Claims · 1942
- In re New York, Lackawanna & Western Railway Co.New York Supreme Court · 1882
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