In re Avenue

Asserting that property not embraced within the proceeding has been- taken and made the subject of awards, thus increasing the assessments, certain property owners assessed oppose the confirmation of the report. The question whether the land taken was properly within the scope of the proceedings depends upon a construction of the resolution of the board of estimate and apportionment, the basis of the proceedings, and, further, upon the order whereby the commissioners were appointed. Ooncededly, the order justifies the city’s position that this land was in-*321eluded, and, upon an earlier motion…