Legal Opinion
In re Taxpayers of the Twenty-Third Ward
New York Supreme Court
Decided January 28, 1930PublishedCited by 4 opinions
1Opinion of the CourtRodenbeck, J.
The fixing of the territory to be assessed, by the common council, is a purely legislative act over which the courts have no control, except where the action of the common council is so arbitrary or unwarranted as to amount to a confiscation of property. (Matter of Baldwin Street, 169 App. Div. 128; affd., 218 N. Y. 636; Valley Farms Co. v. City of Yonkers, 193 App. Div. 433; affd., 231 N. Y. 558; People ex rel. O’Reilly v. Common Council, 53 App. Div. 58; Matter of Shaffer, 138 id. 35; Spencer v. Merchant, 100 N. Y. 585; affd., 125 U. S. 345; Branson v. Bush, 251 id. 182; Myles Salt Co. v.…
2Cases cited17 opinions
- Norwood v. BakerSupreme Court of the United States · 1898
- Spencer v. MerchantSupreme Court of the United States · 1888
- Spencer v. . MerchantNew York Court of Appeals · 1885
- Matter of City of New York (Juniper Ave.)New York Court of Appeals · 1922
- People Ex Rel. Howlett v. Mayor & Common CouncilNew York Court of Appeals · 1875
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3Cited by4 opinions
- HBP ASSOCIATES v. MarshDistrict Court, S.D. New York · 1995
- Board of Education v. Village of AlexanderNew York Supreme Court · 1949
- Kermani v. Town Board of GuilderlandAppellate Division of the Supreme Court of the State of New York · 1975
- Skinner v. Village of Sylvan BeachAppellate Division of the Supreme Court of the State of New York · 1985