In Matter of Petition of Depeyster
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, denying a motion to vacate an assessment upon premises of the petitioner in the city of Hew York, for the expenses of constructing a sewer.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, denying a motion to vacate an assessment upon premises of the petitioner in the city of Hew York, for the expenses of constructing a sewer. (Mem. of decision below, 18 Hun, 445.) The sewer was constructed by the commissioner of public works in 1875. The assessment was sought to be vacated on the grounds that the construction of the sewer was not authorized by the corporation, or by resolution or ordinance of the common council of said city, and that no notice was…
1Opinion of the Court
, Folgker, J.
The case In re Zborowski (68 N. Y., 88), held that under the New York city charter of 1870, the the department of public works had the power to order the construction of sewers, as well as to carry on the work of construction. It is claimed that by the charter of 1873, that power has been divested. The charter of 1873 (Laws of 1873, chap. 335, p. 484), however, declares that there shall be a department of public works (§ 26, p. 491), and that it shall continue to possess the same powers and perform the same duties as heretofore (§ 118, p. 521), which must moan that it has the…
2Cases cited2 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Matter of ZborowskiNew York Court of Appeals · 1877
3Cited by12 opinions
- People v. . TurnerNew York Court of Appeals · 1889
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- Garvin v. DaussmanIndiana Supreme Court · 1888
- City of Perry v. Davis & YoungerSupreme Court of Oklahoma · 1907
- City of St. Louis v. RankenSupreme Court of Missouri · 1888
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