People Ex Rel. Brisbane v. Zoll
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 28, 1881, which affirmed a judgment of Special Term, reversing and annulling a decision of the assessors of the city of Buffalo, upon a claim presented by the relator for damages sustained by reason of a change of the grade of a street in said city, which decision was brought up for review by certiorari.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 28, 1881, which affirmed a judgment of Special Term, reversing and annulling a decision of the assessors of the city of Buffalo, upon a claim presented by the relator for damages sustained by reason of a change of the grade of a street in said city, which decision was brought up for review by certiorari. The facts so far as material to the questions discussed are stated in the opinion. Compensation for changing the grade of a city street is payable when the new…
1Opinion of the CourtFinch, J.
There are but two questions presented for our determination on this appeal. They involve the construction of certain provisions contained in the charter of the city of Buffalo, and relating to the grade of its streets. That charter provides that ‘‘ the grade of the streets shall be established and described, and the description of such grade and of all alterations thereof shall be recorded by the city clerk.” (Laws of 1870, chap. 519, title 9, § 2.) A later section enacts (§ 17), that “when the city shall alter the recorded grade of any street •or alley, the owner of any house or lot fronting…
2Cases cited2 opinions
- People Ex Rel. Hatzel v. . HallNew York Court of Appeals · 1880
- McCarthy v. City of St. PaulSupreme Court of Minnesota · 1876
3Cited by10 opinions
- People Ex Rel. Purdy v. . FitchNew York Court of Appeals · 1895
- People ex rel. Fitch v. LordAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. Astor v. StillingsAppellate Division of the Supreme Court of the State of New York · 1908
- In re PhelpsAppellate Division of the Supreme Court of the State of New York · 1905
- People ex rel. Fitch v. LordAppellate Division of the Supreme Court of the State of New York · 1897
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