McKee Land & Improvement Co. v. Swikehard
New York Supreme Court
Action in equity, to set aside and restrain the collection of an assessment upon plaintiff’s lands for a local improvement.
1Opinion of the CourtDunwell, J.
This is an action in equity, brought to set aside and restrain the collection of tan assessment upon plaintiff’s lands situate in the town of Gates, in close proximity to the city of Rochester,. for a local improvement known as the West Bide Sewer. The course of the sewer is from a point in the town of Gates, a short distance from the western line of the city, northeasterly into the city and through a portion of the western part thereof, to the outlet of the sewer into the Genesee river. The drainage area within the route of the sewer-is computed at 6,556.49 acres.
*22The sewer commission decided…
2Cases cited3 opinions
- Guest v. . the City of BrooklynNew York Court of Appeals · 1877
- County of Monroe v. . City of RochesterNew York Court of Appeals · 1898
- People ex rel. Fitch v. LordAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by5 opinions
- Board of Commissioners v. ScanlanIndiana Supreme Court · 1912
- Ferguson v. StebbinsNew York Supreme Court · 1941
- McKee Land & Improvement Co. v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1901
- Novalpina Capital Partners I Gp S.A.R.L v. ReadCourt of Appeals for the Ninth Circuit · 2025
- US Airways, Inc., for American Airlines, Inc. as Successor and Real Party in Interest v. Sabre Holdings CorporationDistrict Court, S.D. New York · 2023