In re Fenton
Appellate Division of the Supreme Court of the State of New York
Appeal by Chloe A. Brotherton, landowner, from an order of the County Court of Delaware county, entered in the office of the clerk of said county on the 19th day of July, 1915, confirming the report of the commissioners herein.
1Opinion of the Court
Kellogg, P. J.:
Section 192 of the Highway Law (Consol. Laws, chap. 25; Laws of 1909, chap. 30), as amended by chapter 412 of the Laws of 1913, requires that the application “ must be approved by the written consent, indorsed thereon or attached thereto, of a majority of the members of the town board.” This "requirement was not observed. The requirement is jurisdictional. (Matter of Laidlaw, 153 App. Div. 343.) Prior to the amendment any property owner might make the application. The amendment deprives the taxpayer of the right to apply for a highway and involve the town in expense, unless the…
2Cases cited1 opinion
- In re LaidlawAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by1 opinion
- In re FentonAppellate Division of the Supreme Court of the State of New York · 1916