In re City of Mount Vernon
New York Supreme Court
Application made on notice to the city by a land owner whose land was assessed for its share of the expenses of the extension and opening of a city street, to vacate the order of this court dated May 7th, 18-98, appointing commissioners of estimate and assessment herein, and the report and all the proceedings of such commissioners herein, and also the order of this court confirming the same dated February 4th, 1899, on the ground that they are void. • ■
1Opinion of the CourtGaynor, J.
The charter of this city authorizes the common council by an ordinary majority vote to allow a street to be laid out and -opened on receipt of a petition therefor signed by one third of the land owners along its line, and after giving a hearing thereon on a prescribed notice by publication; but only provided there be no remonstrance against it on such hearing. It then adds: “ The common council, by a unanimous vote of all its members, may allow any such improvement to be made * * * without such petition and notice, or, in case of a petition notwithstanding such remonstrance ”; and next…
2Cases cited15 opinions
- Bell v. . MerrifieldNew York Court of Appeals · 1888
- Roderigas v. . East River Savings InstitutionNew York Court of Appeals · 1875
- In Matter of City of BuffaloNew York Court of Appeals · 1879
- Town of Mentz v. . CookNew York Court of Appeals · 1888
- Jex v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1886
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3Cited by5 opinions
- Bussing v. . City of Mount VernonNew York Court of Appeals · 1910
- Ubart v. Baltimore & Ohio RailroadAppellate Division of the Supreme Court of the State of New York · 1907
- Opton v. Guaranty Trust Co.New York Supreme Court · 1949
- People ex rel. Brownell v. Board of AssessorsNew York Supreme Court · 1908
- Bussing v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1907