Reinhardt v. City of Buffalo
Superior Court of Buffalo
Action by William Reinhardt and another against the city oí Buffalo to set- aside :m assessment made on the property benefited, to pay for opening a street. A land-owner had opened an alley through his land in the line of the street, and had sold lots abutting thereon, and buildings were erected on such lots; but the alley was never accepted by the city, and the land embraced in the alley was taxed as the private property of the land-owner.
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Action by William Reinhardt and another against the city oí Buffalo to set- aside :m assessment made on the property benefited, to pay for opening a street. A land-owner had opened an alley through his land in the line of the street, and had sold lots abutting thereon, and buildings were erected on such lots; but the alley was never accepted by the city, and the land embraced in the alley was taxed as the private property of the land-owner. The street subsequently opened included the land covered by the alley.
1Opinion of the CourtHatch, J.
It is claimed by the plaintiffs that this assessment must be vacated and set aside for the reason that the commissioners in the proceedings in invitum awarded damages to the owner of Urban alley. The ground of this claim rests upon the assumption that Urban had dedicated this as a public street, and was, therefore, at most, entitled to only nominal damages. It does not appear that Urban had ever dedicated this as a street beyond opening and selling the lots. The city had not accepted nor was it any part of a general plan of streets prepared by the city. Urban was taxed for it as private…
2Cases cited13 opinions
- Genet v. . City of BrooklynNew York Court of Appeals · 1885
- O'Reilley v. . City of KingstonNew York Court of Appeals · 1889
- People Ex Rel. Chamberlain v. ForrestNew York Court of Appeals · 1884
- Clapp v. City of HartfordSupreme Court of Connecticut · 1868
- Hassen v. . City of RochesterNew York Court of Appeals · 1875
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3Cited by1 opinion
- People ex rel. Reynolds v. Common Council of City of BuffaloSuperior Court of Buffalo · 1892