In re the Assessment of the Cost of the Improvement of Edgewood Avenue

In our opinion the assessment was void, despite the subsequent confirmation thereof by the council, by reason of the fact that other land within the district of assessment, as fixed by the council’s ordinances authorizing the improvement and accepting the improvement as complete, adopted prior to the making of the assessment, was omitted from the assessment roll by the commissioner. (See Hassen v. City of Rochester, 65 N. Y. 516; 67 N. Y. 528; Matter of Turfler, 44 Barb. 46; Doughty v. Hope, 3 Denio 594, affd. 1 N. Y. 79.) Whether the ground for the declaration of invalidity be stated merely…