People ex rel. Gage v. Lohnas
New York Supreme Court
This is a common-law certiorari, on the relation of William B. Gage and two others, to review the action of the board of trustees of the village of Saratoga Springs in widening a street of the village, and imposing an assessment upon the relators and others to defray the cost and expense thereof. The street was one continuous street, though the several sections of it bore different names.
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This is a common-law certiorari, on the relation of William B. Gage and two others, to review the action of the board of trustees of the village of Saratoga Springs in widening a street of the village, and imposing an assessment upon the relators and others to defray the cost and expense thereof. The street was one continuous street, though the several sections of it bore different names. It was about 66 feet wride, and this width was, by the resolution of the board of trustees, increased to 100 feet by taking the increased width from the lots on the northerly side of the street. By the act…
1Opinion of the CourtLandon, J.
The imposition of local assessments for benefits is an exercise of the taxing power. Subject to constitutional limitations, the legislature may prescribe how this power shall be exercised. Unless there is some constitutional restraint, the act in question is valid, (chapter 186, Laws 1887;) that is to say, the legislature could authorize the board of trustees of Saratoga Springs, by a resolution of the board, without a petition of property owners, to widen any of the streets of the village, and. also to prescribe the extent and details of such widening. The legislature could direct that the…
2Cases cited4 opinions
- Spencer v. . MerchantNew York Court of Appeals · 1885
- Genet v. . City of BrooklynNew York Court of Appeals · 1885
- In the Matter of Van AntwerpNew York Court of Appeals · 1874
- Matter of Application of WoolseyNew York Court of Appeals · 1884
3Cited by6 opinions
- People ex rel. Columbia Chemical Co. v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1905
- People ex rel. Fitch v. LordAppellate Division of the Supreme Court of the State of New York · 1896
- In re PhelpsAppellate Division of the Supreme Court of the State of New York · 1905
- People ex rel. Rochester Lamp Co. v. FeitnerAppellate Division of the Supreme Court of the State of New York · 1901
- In re WeeksAppellate Division of the Supreme Court of the State of New York · 1905
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