People Ex Rel. Griffin v. Mayor of Brooklyn
New York Court of Appeals
Under the charter of the city of Brooklyn, the common council in the year 1848 caused Flushing avenue, one of the streets of that city, to he graded and paved at an expense of $20,390,25, which, according to a provision in the charter, was assessed upon the owners or occupants, of the lands benefited by the improvement, in proportion to the amount of such benefit.
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Under the charter of the city of Brooklyn, the common council in the year 1848 caused Flushing avenue, one of the streets of that city, to he graded and paved at an expense of $20,390,25, which, according to a provision in the charter, was assessed upon the owners or occupants, of the lands benefited by the improvement, in proportion to the amount of such benefit. After the assessment had been confirmed by the common council, Griffin and others, the relators, caused the proceedings to be removed by certiorari into the supreme court, where the proceedings'were reversed and the assessment…
1Opinion of the CourtRuggles, J.
By the 40th section of the act to incorporate the city of Brooklyn, passed April 8th, 1834, power is given to the common council of that city “ to cause all streets, avenues, and squares within the first seven wards, and the fire and watch districts of said city, to be graded, levelled, gravelled, [421] paved, or McAdamized, and to cause cross walks to be made, and drains and sewers to be constructed.”
“ The expense of such measures shall be assessed by the assessors of said city, elected in and for the first seven wards thereof, upon the owners and occupants of all the lands and premises…
2Cases cited11 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Providence Bank v. BillingsSupreme Court of the United States · 1830
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- City of Lexington v. McQuillan's HeirsCourt of Appeals of Kentucky · 1839
- In re the Mayor of New-YorkNew York Supreme Court · 1814
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3Cited by151 opinions
- Bauman v. RossSupreme Court of the United States · 1897
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Houck v. Little River Drainage DistrictSupreme Court of the United States · 1915
- In re the Bonds of the Madera Irrigation DistrictCalifornia Supreme Court · 1891
- Matter of RyersNew York Court of Appeals · 1878
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