Meech v. City of Buffalo
New York Court of Appeals
Appeal from an order of the Superior Court of Buffalo granting a new trial with a stipulation for a final judgment.. The action was to restrain the defendants from collecting, out of the real estate of the plaintiffs, a second assessment made for the construction of a sewer in one of the streets of the city.
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Appeal from an order of the Superior Court of Buffalo granting a new trial with a stipulation for a final judgment.. The action was to restrain the defendants from collecting, out of the real estate of the plaintiffs, a second assessment made for the construction of a sewer in one of the streets of the city. The cause was tried at a special term of the court, when the judge found the following facts: That on or about 30th March, 1857, an application was made to the common council of the city for the construction of a sewer in Mariner street, in said city, and that such application was made by…
1Opinion of the CourtWright, J.
The question of power is the only one presented in connection with the assessment, as the proceedings for making it are admitted to have been regular. It was an assessment for expenses incurred in constructing a sewer in one of the streets of the city. The city charter provides that the common council may cause sewers to be constructed, and the expense thereof to be assessed upon the real estate benefited by such improvement in proportion to the benefits resulting thereto. Power is given to determine the amount to be assessed for the improvement, and to direct the city assessors to assess the…
2Cases cited3 opinions
- Brewster v. . City of SyracuseNew York Court of Appeals · 1859
- Lattimore v. HarsenNew York Supreme Court · 1817
- Hart v. LaumanNew York Supreme Court · 1859
3Cited by1 opinion
- Wallace v. PayneAppellate Division of the Supreme Court of the State of New York · 1897