McCann v. Village of Lindenhurst

The respective plaintiffs have brought suit against the defendant village for the repayment of sums paid by them for village taxes for the years 1924 to 1937, inclusive, claiming that the levies and assessments are void. An agreed statement of facts has been submitted and the parties seek a determination which involves a consideration of the following questions: (1) Whether the assessments are void; (2) whether the payments of the assessments are of such a voluntary character as to preclude recovery, and (3) is the failure of the plaintiffs to appear and complain on “ Grievance Day ’’ a bar…