In Re Opening Locust Avenue
New York Court of Appeals
Appeal from ail order of the Appellate Division of the Supreme Court in the second judicial department, entered January 26,1906. which reversed an order of the Westchester County Court denying a motion to confirm the report of commissioners of estimate and assessment in the within proceeding and granted said motion. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from ail order of the Appellate Division of the Supreme Court in the second judicial department, entered January 26,1906. which reversed an order of the Westchester County Court denying a motion to confirm the report of commissioners of estimate and assessment in the within proceeding and granted said motion. The nature of the action and the facts, so far as material, are stated in the opinion. The trustees having proceeded under the amendment of 1902 to the village charter, they had no power to assess back upon the properties the purchase price of land acquired under that amendment.…
1Opinion of the CourtChase, J.
The village of Port Chester was incorporated by chapter 818 of the Laws -of 1868. By section 4 of title 5 of that act it is provided:
“ Whenever a petition for opening, extending or widening any street, avenue or square in said village, signed by onetliird of the persons owning lands situated on the line of the same shall be presented, the trustees of said village shall cause a notice to be published in the village newspapers, that such application has been made, and of the time * * * when they will proceed on said petition * * * and unless a remonstrance signed by a majority of the persons…
2Cases cited10 opinions
- Rudd v. . CornellNew York Court of Appeals · 1902
- Sage v. . City of BrooklynNew York Court of Appeals · 1882
- Reilly v. . City of AlbanyNew York Court of Appeals · 1889
- People Ex Rel. Reilly v. JohnsonNew York Court of Appeals · 1868
- Cumming v. Mayor of BrooklynNew York Court of Chancery · 1845
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3Cited by3 opinions
- Standard Accident Insurance v. NewmanNew York Supreme Court · 1944
- Millie Iron Mining Co. v. McKinneyCourt of Appeals for the Sixth Circuit · 1909
- Wendling v. WendlingNew York Supreme Court · 1912