Swift v. City of Williamsburgh
New York Supreme Court
APPEAL from a decision made at a special term, upon the report of a referee. The complaint alleged that on or about the first day of February, 1853, the defendants, claiming to act under their charter, represented to the plaintiff, that cer-' tain persons,, being one-third of the owners of the lands in North-Seventh street, in said city, between the East river and Union avenue, had petitioned for the improvement hereinafter mentioned, and that the defendants had taken the…
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APPEAL from a decision made at a special term, upon the report of a referee. The complaint alleged that on or about the first day of February, 1853, the defendants, claiming to act under their charter, represented to the plaintiff, that cer-' tain persons,, being one-third of the owners of the lands in North-Seventh street, in said city, between the East river and Union avenue, had petitioned for the improvement hereinafter mentioned, and that the defendants had taken the necessary proceedings to authorize them to make such improvement under the provisions of said charter, and had such…
1Opinion of the CourtBirdseye, J.
The powers possessed by the common council of the late city of Williamsburgh to open, regulate, grade and pave streets &c. instead of being general, were by the law conferring those powers, made subject to certain important “ restrictions and limitations.” (See “ Act to incorporate the city of Williamsburgh," Laws of 1851, p. 110 ; and tit. 4, §§ 1, 2, &c. p. 128.) No proceedings could be taken to open, regulate, grade or pave any street or avenue, unless upon petition signed by one third of the persons owning land situated within the assessment limits,- which were to be fixed in the manner…
2Cases cited1 opinion
- Cumming v. Mayor of BrooklynNew York Court of Chancery · 1845
3Cited by15 opinions
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- Hurford v. City of OmahaNebraska Supreme Court · 1876
- Fitzgerald v. WalkerSupreme Court of Arkansas · 1891
- Sleeper v. Bullen & DustinSupreme Court of Kansas · 1870
- Bucroft v. City of Council BluffsSupreme Court of Iowa · 1884
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