Legal Opinion

In re Appointment of Park Commissioners

Superior Court of Buffalo

Decided June 29, 1888PublishedCited by 11 opinions

Appeal from special term. In the matter of the application of the city of Buffalo for the appointment of commissioners to ascertain the just compensation to be paid to the person or persons or corporations interested in lands to be taken for park purposes. Appeal by Briggs & Webb and Whitmore & Rathbun, owners of such lands, from an order of the special term of the superior court of Buffalo confirming the report of commissioners herein.

1Opinion of the CourtHatch, J.

This proceeding is taken by virtue of chapter 159, Laws 1884, and has for its object the acquiring of certain lands for a public park in the city of Buffalo. It is contended by counsel for the city that no appeal lies from the order of the special term, affirming the report of the commissioners, to this court. Such claim finds support, if at all, in the fact that the act under which the proceeding is instituted furnishes a complete system, covering all the proceedings intended to be authorized, and is consequently removed from the force and operation of general laws. It is not questioned but…

2Cases cited18 opinions

  1. Matter of RyersNew York Court of Appeals · 1878
  2. McRea v. Central National Bank of TroyNew York Court of Appeals · 1876
  3. Matter of Commissioners of Central ParkNew York Court of Appeals · 1872
  4. In re WilliamNew York Supreme Court · 1839
  5. Mott v. . PalmerNew York Court of Appeals · 1848

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3Cited by11 opinions

  1. City of St. Louis v. RossiSupreme Court of Missouri · 1933
  2. In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1899
  3. United States v. WienerCourt of Appeals for the Second Circuit · 1914
  4. Olive, Sternenberg & Co. v. Sabine & East Texas Railway Co.Court of Appeals of Texas · 1895
  5. In re Block Bounded By Avenue A and First Avenue, Fifty-Ninth and Sixtieth StreetsNew York Supreme Court · 1910

6 more not listed; retrieve them via the Exa API.

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