In the Matter of Banta

The principal question in this case is, whether the act of May 6, 1868 (Laws of 1868, chap. 635, § 1), repeals the prohibition contained in the act of 1858 (Laws of 1858, chap. 35, § 1), as amended by the act of 1859 (Laws of 1859, chap. 213, § 1), against any proceedings being taken by the common council of the city of Brooklyn, for digging down or filling in lots, unless upon petition signed by a majority of the landowners referred to in those acts. If this prohibition was in force in 1872, when the improvement now in question was ordered, the assessment complained of by the petitioner was…