Tonawanda v. Lyon
Supreme Court of the United States
APPEAL PROM THE CIROUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF NEW YORK. This was the case of a bill in equity filed in the Circuit Court of the United States for the Northern District of New York on September 9, 1899, by James B. Lyon, a citizen of the State of New York, against the town of .Tonawanda, a municipal corporation of that State, and John K. Patton, supervisor of said town.
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APPEAL PROM THE CIROUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF NEW YORK. This was the case of a bill in equity filed in the Circuit Court of the United States for the Northern District of New York on September 9, 1899, by James B. Lyon, a citizen of the State of New York, against the town of .Tonawanda, a municipal corporation of that State, and John K. Patton, supervisor of said town. The object of the bill was to restrain' the defendants from enforcing payment of a certain assessment against tracts or parcels of land belonging'to- the complainant, situated in the town of…
1Opinion of the Court
lyr-w. Justice Shieas,
after stating the ease, delivered tbe opinion of tbe court.
Tbe complainant in tbe court below did not put bis claim for equitable relief upon any allegation that, in tbe proceedings to pave Delaware street and to assess tbe cost of tbe improvement upon tbe abutting property, there bad been any departure from tbe provisions of tbe statute, or that there bad been attempted any discrimination against him or bis property. Nor was it denied that it is tbe settled law of tbe State of New York that the method prescribed, of meeting tbe expense by apportioning tbe entire cost of…
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