People Ex. Rel. Morrill v. Board of Supervisors
New York Court of Appeals
Appeal from order of the G-eneral Term of the Supreme Court in the second judicial department, made May 14, 1888, which affirmed the action and determination of the Board of Supervisors of Queens County, in levying an assessment for the improvement of Jackson avenue, brought up for review on certiorari.- (Reported below, 48 Hun, 324.) The proceedings were instituted- hy relator, as a citizen and taxpayer of the town of North Hempstead, in the comity of Queens.
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Appeal from order of the G-eneral Term of the Supreme Court in the second judicial department, made May 14, 1888, which affirmed the action and determination of the Board of Supervisors of Queens County, in levying an assessment for the improvement of Jackson avenue, brought up for review on certiorari.- (Reported below, 48 Hun, 324.) The proceedings were instituted- hy relator, as a citizen and taxpayer of the town of North Hempstead, in the comity of Queens. Jackson avenue is a public highway in Queens county, extending through the towns of North Hempstead, Flushing and Newtown. On the 10th…
1Opinion of the CourtAndrews, J.
The general statutory system for laying out,.1 opening and improving highways, contemplates that the towns, villages and cities in which they are located shall initiate the proceedings for, and bear the burden of, their establishment, construction and maintenance. This plan is in harmony with the general theory of our legislation, that, so far as practicable, matters of administration specially affecting the public interests of a particular locality should be controlled by the local government, subject to such general regulations as may be necessary for the common good. But the legislature,…
2Cases cited2 opinions
- People Ex Rel. Board of Commissioners v. BanksNew York Court of Appeals · 1876
- People Ex Rel. McLean v. FlaggNew York Court of Appeals · 1871
3Cited by17 opinions
- Matter of McAneny v. . Bd. of Estimate, Etc.New York Court of Appeals · 1922
- Matter of HennebergerNew York Court of Appeals · 1898
- People Ex Rel. Simon v. . BradleyNew York Court of Appeals · 1913
- Martin County v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1919
- Khoury v. County of SaratogaAppellate Division of the Supreme Court of the State of New York · 1935
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