Buffalo Cemetery Assn. v. . City of Buffalo
New York Court of Appeals
Appeal from judgment of the General Term of the 'Supreme Court in the fifth judicial department, entered upon an order made January 25, 1887, which affirmed a judgment in favor of defendant entered on the decision of the -court on trial at Special Term.
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Appeal from judgment of the General Term of the 'Supreme Court in the fifth judicial department, entered upon an order made January 25, 1887, which affirmed a judgment in favor of defendant entered on the decision of the -court on trial at Special Term. This action was brought to have a certain assessment imposed by the defendant upon the lands of the plaintiff, for the grading -of a street adjoining it’s property .declared to be void, and the ■collection thereof perpetually restrained. The trial court adjudged the assessment valid and dismissed the complaint upon the merits. By the…
1Opinion of the CourtParker, J.
The conclusion of the courts below as to the validity of the assessment in question is in accord with the result at which Ave have arrived. In the opinions written at both Special Term and the General Term, the proposition involved Avas so thoroughly considered as to require but little discussion in this court. It is not questioned but that prior to the passage of chapter 310 of the Laws of 1819, the local authorities possessed the poAver of making an assessment for grading and paving adjoining plaintiff’s premises. It Avas so determined by this court in the case of the Buffalo City Cemetery…
2Cases cited3 opinions
- Buffalo City Cemetery v. . City of BuffaloNew York Court of Appeals · 1871
- Van Denburgh v. President & Trustees of Village of GreenbushNew York Court of Appeals · 1876
- McKenna v. . EdmundstoneNew York Court of Appeals · 1883
3Cited by39 opinions
- City of South Norfolk v. DailSupreme Court of Virginia · 1948
- Matter of City of New YorkNew York Court of Appeals · 1908
- Fulton v. . KrullNew York Court of Appeals · 1910
- Aldinger v. PughNew York Supreme Court · 1890
- Parker v. Elmira, Cortland & Northern RailroadNew York Court of Appeals · 1901
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