Matter of Scheibel v. . O'Brien
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 30, 1920, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the corporation counsel of the city of New York to institute proceedings to determine the compensation due to the petitioner for damages to his property caused by the closing of a street, and denied said motion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 30, 1920, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the corporation counsel of the city of New York to institute proceedings to determine the compensation due to the petitioner for damages to his property caused by the closing of a street, and denied said motion. The facts, so far as material, are stated in the opinion.
1Opinion of the CourtAndrews, J.
Chapter 670 of the Laws of 1869 created a town survey commission for New Utrecht and four other towns of Kings county. The commission was given power neither to open streets nor to close them. It was to act for future needs. It was to establish a uniform system of streets, to prevent the many ills that come from private and unofficial action. To this end it was to adopt a permanent plan for these towns and to file a map conforming it as far as practicable to the plan already in force in Brooklyn. Such a plan necessarily involves not only the delineation of new streets proposed and of existing…
2Cases cited7 opinions
- In Re Board of Rapid Transit RailroadNew York Court of Appeals · 1909
- Reis v. . City of New YorkNew York Court of Appeals · 1907
- Donahue v. . Keystone Gas Co.New York Court of Appeals · 1905
- Egerer v. New York Central & Hudson River R. R.New York Court of Appeals · 1891
- Horey v. . Village of HaverstrawNew York Court of Appeals · 1891
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3Cited by11 opinions
- Hewitt v. Town of ScipioAppellate Division of the Supreme Court of the State of New York · 1969
- Niagara, Lockport & Ontario Power Corp. v. StateNew York Court of Claims · 1946
- Smith v. Town of Sandy CreekNew York Supreme Court · 1958
- In re Avoca Soil Improvement Co.New York Supreme Court · 1930
- Meloon Bronze Foundry, Inc. v. StateNew York Court of Claims · 1957
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