Hassan v. . City of Rochester
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment entered upon a decision of the court at Special Term. This action was brought to restrain the collection of an assessment imposed upon plaintiffs’ lands for the improvement of Oak street, in the city of Rochester. The decision upon a former appeal is reported in 65 hi.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment entered upon a decision of the court at Special Term. This action was brought to restrain the collection of an assessment imposed upon plaintiffs’ lands for the improvement of Oak street, in the city of Rochester. The decision upon a former appeal is reported in 65 hi. Y., 516. An ordinance was passed by the common council of said city in May, 1865, directing the improvement of Oak street, the expense thereof to be defrayed by the owners and occupants of the houses and lands to…
1Opinion of the CourtMiller, J.
When this case was heard before the Commission of Appeals upon appeal from the judgment dismiss ing the complaint, it was decided that by. the charter of the city of Bochester the common council were to determine what portion of the city was to be benefited by the ordinance to improve Oak street, and declare whether the whole or what portion of the expense incurred shoúld be assessed within the territory which they deemed benefited, and that the direction which they gave to the assessors, as provided by the charter, imposed upon these officers the duty to make such assessment upon all the…
2Cases cited4 opinions
- Heywood v. . the City of BuffaloNew York Court of Appeals · 1856
- In re the Mayor of New-YorkNew York Supreme Court · 1814
- Bleecker v. BallouNew York Supreme Court · 1829
- Mayor, C., of Troy v. . the Mutual BankNew York Court of Appeals · 1859
3Cited by64 opinions
- City of Atlanta v. First Presbyterian ChurchSupreme Court of Georgia · 1891
- City St. Improvement Co. v. Regents of Univ. of Cal.California Supreme Court · 1908
- Jenkins v. . FaheyNew York Court of Appeals · 1878
- City of San Diego v. Linda Vista Irrigation DistrictCalifornia Supreme Court · 1895
- Hayes v. Douglas CountyWisconsin Supreme Court · 1896
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