Matter of City of New York (Juniper Ave.)
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 27, 1920, which unanimously affirmed an order of Special Term confirming a report of commissioners of estimate and assessment in street opening proceedings. Land owned by a railroad corporation, not part of its right of way, but used for its corporate purposes, may under the New York charter be assessed for opening a street.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 27, 1920, which unanimously affirmed an order of Special Term confirming a report of commissioners of estimate and assessment in street opening proceedings. Land owned by a railroad corporation, not part of its right of way, but used for its corporate purposes, may under the New York charter be assessed for opening a street. Only the right of way is exempt from assessment and that only because not benefited. (T. & L. R. R. Co. v. Kane, 9 Hun, 506; 72 N. Y. 614;…
1Opinion of the CourtAndrews, J.
A number of years ago the Brooklyn City Railroad Company acquired by purchase a tract of land in the borough of Queens abutting upon its right of way. This land it subsequently leased to the Brooklyn Heights .Railroad Company in whose possession it now is. No buildings have been erected but it is surrounded by a high fence and is covered by numerous railroad tracks. Upon these tracks the lessee stores its cars when not in use and it or some similar parcel is essential for the proper and convenient operation of the railroad.
In 1905 the city of New York instituted proceedings for the opening of…
2Cases cited7 opinions
- Louisville & Nashville Railroad v. Barber Asphalt Paving Co.Supreme Court of the United States · 1905
- In re the Mayor of New-YorkNew York Supreme Court · 1814
- Owners of Ground v. Mayor of AlbanyNew York Supreme Court · 1836
- People Ex Rel. Howlett v. Mayor & Common CouncilNew York Court of Appeals · 1875
- New York, New Haven & Hartford Railroad v. Village of Port ChesterAppellate Division of the Supreme Court of the State of New York · 1912
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3Cited by34 opinions
- Matter of Long Island R.R. Co. v. HylanNew York Court of Appeals · 1925
- In Re Assessment for Improving Superior StreetSupreme Court of Minnesota · 1927
- N.Y.C. H.R.R.R. Co. v. . City of YonkersNew York Court of Appeals · 1924
- In re Syracuse, Binghamton & New York RailroadAppellate Division of the Supreme Court of the State of New York · 1928
- City of Barre v. Barre & Chelsea RailroadSupreme Court of Vermont · 1924
29 more not listed; retrieve them via the Exa API.