People Ex Rel. Keim v. . Desmond
New York Court of Appeals
Appeal from an order of tlie Appellate Division of ib» Supreme Court in the fourth judicial department, entered March 10, 1906, which affirmed a determination of the board of assessors of the city of Utica in assessing the relators for a local improvement and dismissed a writ of certiorari, to review the same. The facts, so far as material, are stated in the opinion.
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Appeal from an order of tlie Appellate Division of ib» Supreme Court in the fourth judicial department, entered March 10, 1906, which affirmed a determination of the board of assessors of the city of Utica in assessing the relators for a local improvement and dismissed a writ of certiorari, to review the same. The facts, so far as material, are stated in the opinion. The assessors vh-lated the rule of law prescribed by the Utica charter, that assessments for the cost of sewers shall be made upon the property benefited in proportion to the benefit. The re-assess mt-nt set out in-.the return…
1Opinion of the CourtWillard Bartlett, J.
The relators sued out a" writ of certiorari to review a final determination of the board of assessors of the city of Utica in laying an assessment upon their lands for the construction of a sewer in South Hamilton street in that city. The property of the relators is on the west side of the street and is already drained by a twelve-inch sewer constructed many years ago under a resolution of the common council adopted in 1871. The assessment for that sewer was imposed solely upon premises on the west side of South Hamilton street inasmuch as the sewer conferred no benefit upon the property on…
2Cases cited3 opinions
- O'Reilley v. . City of KingstonNew York Court of Appeals · 1889
- People Ex Rel. Village of Brockport v. SutphinNew York Court of Appeals · 1901
- People Ex Rel. Scott v. . PittNew York Court of Appeals · 1902
3Cited by8 opinions
- McGarvey v. SwanWyoming Supreme Court · 1908
- Matter of City of New York (Pugsley Ave.)New York Court of Appeals · 1916
- Ferguson v. StebbinsNew York Supreme Court · 1941
- Fought v. MurdochWest Virginia Supreme Court · 1933
- Harris v. ChurchillNew York Supreme Court · 1915
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