Moran v. City of Troy
New York Supreme Court
Appeal from a judgment in favor of the defendant, entered upon the trial of this action by the court without a jury. This action was brought by the plaintiff to restrain the collection of an assessment, imposed upon a house and lot owned by him, for the repaving of Broadway, in the city of Troy, with granite block pavement.
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Appeal from a judgment in favor of the defendant, entered upon the trial of this action by the court without a jury. This action was brought by the plaintiff to restrain the collection of an assessment, imposed upon a house and lot owned by him, for the repaving of Broadway, in the city of Troy, with granite block pavement. The charter of the city of Troy provides that “the expense of all new work or improvements and alterations, not in the nature of ordinary repairs, shall be assessed and be a lien upon the property benefited.” And the question arises whether the replacing of a worn out…
1Opinion of the Court
BoARDMAN, J.:
By 1 Laws of New York, 1872, chapter 129, title 4, section 1, page 309, the c.ommon council of the city of Troy is given power to cause the streets of said city to be paved, and from time to time to be repaved. “ The expense of all new work and improvements and alterations, not in the nature of ordinary repairs, shall be assessed and be a lien upon the property benefited, when completed in sections or as a whole, and so certified to the comptroller by the local assessors.” Under this act, the plaintiff was assessed for repaving Broadway in front of his own premises. About twenty…
2Cases cited4 opinions
- People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
- Howell v. . the City of BuffaloNew York Court of Appeals · 1867
- Matter of AstorNew York Court of Appeals · 1873
- In re LewisNew York Supreme Court · 1868