In re Repaving Fulton Street
New York Supreme Court
Twenty-two petitions under act of 1858 (extended to embrace Brooklyn in 1862), to have assessments on petitioners for repaving with Belgian pavement vacated. Fulton street, having then a cobble-stone pavement, was repaved with Belgian pavement throughout its whole length. But the centre of the street, between the railroad tracks there laid, was not so repaved.
1Opinion of the CourtScrugham, J.
The petitioners seek to vacate the assessments by proceedings under chapter 338, of laws of 1858, and the act of 1862 making the provisions of that chapter applicable to the city of Brooklyn.. The application is founded on alleged legal irregularities in the proceedings relative to the assessment. It is claimed that the work for which the assessment was laid was not a local improvement, the subject of local assessment, but the repair of a street which was chargeable upon the city generally, and that in making it the subject of an assessment an irregularity was committed. The improvement…
2Cited by4 opinions
- Matter of PennieNew York Court of Appeals · 1888
- Columbus Street Railway & Light Co. v. City of ColumbusIndiana Court of Appeals · 1908
- City of Binghamton v. Binghamton & Port Dickinson Railway Co.New York Supreme Court · 1891
- Mozingo v. Wellsburg Electric Light, Heat & Power Co.West Virginia Supreme Court · 1926