D'Angelo v. Cole
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
We are called upon to determine whether a village may constitutionally impose strict maintenance standards upon private road owners and, in the event of an owner’s failure to comply, whether the village may repair the road and seek reimbursement in a civil action. As shall be demonstrated, the village may impose such maintenance standards, but may not recover the costs in a civil suit against the owner without assessment and levy, because the enabling legislation contemplates an in rem proceeding. In addition, the failure of *68the village to comply with the…
2Cases cited21 opinions
- Montgomery v. DanielsNew York Court of Appeals · 1975
- Van Berkel v. PowerNew York Court of Appeals · 1965
- S. T. Grand, Inc. v. City of New YorkNew York Court of Appeals · 1973
- Consolidated Edison Co. of New York, Inc. v. Town of Red HookNew York Court of Appeals · 1983
- Fred F. French Investing Co. v. City of New YorkNew York Court of Appeals · 1976
16 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- New York State Club Ass'n v. City of New YorkNew York Court of Appeals · 1987
- Moriarty v. Planning Board of Village of SloatsburgAppellate Division of the Supreme Court of the State of New York · 1986
- Bozied v. City of BrookingsSouth Dakota Supreme Court · 2001
- Christ Gatzonis Electrical Contractor, Inc. v. New York City School Construction AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
- National States Electric Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
14 more not listed; retrieve them via the Exa API.