In re City of Rochester
New York Supreme Court
Application by the city of Rochester to acquire land of John W. Warrant. The said Warrant, respondent, now moves to vacate an order by which commissioners were appointed to make an appraisement of his land.
1Opinion of the CourtRumsey, J.
This proceeding was taken under the authority of chapter 193 of the Laws of 1888, to acquire in invitum the lands of the respondent for park purposes by the park commission of the city of Rochester, created by that act. JFor the purposes of this motion it will be assumed that the act is constitutional, although, if necessary, a strong argument might be made against it. The act provides that, before any proceedings shall be taken for acquiring title to real estate, the commissioners shall cause to be filed a map of the land which they propose to take. Section 3. It is then prescribed that upon…
2Cases cited8 opinions
- In Matter of City of BuffaloNew York Court of Appeals · 1879
- In Re the Emigrant Industrial Savings BankNew York Court of Appeals · 1878
- Powell v. . TuttleNew York Court of Appeals · 1850
- Newell v. . WheelerNew York Court of Appeals · 1872
- Diveny v. . City of ElmiraNew York Court of Appeals · 1873
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