Legal Opinion

Matter of Trustees of Union College

New York Court of Appeals

Decided December 22, 1891PublishedCited by 20 opinions

Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 9, 1889, which reversed an order of Special Term granting the application of the petitioner. The nature of the proceedings and the facts, so far as material, are stated in the opinion.

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Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 9, 1889, which reversed an order of Special Term granting the application of the petitioner. The nature of the proceedings and the facts, so far as material, are stated in the opinion. The revised charter of Long Island City (Chap. 461, Laws of 1871), in so far as it relates to the assessment of water-rates, and the several acts amending its provisions in relation to assessment of water-rates, are unconstitutional for failure to provide a hearing for the property owners, and the…

1Opinion of the CourtFinch, J.

The petitioner instituted this proceeding to procure the cancellation of certain assessments upon his property in Long Island city, known as water-rents or lot-rates, upon the ground that the enactment by virtue of which they were imposed was unconstitutional. • The city charter, as it stood in 1871 (Chap. 461, title 10), created a board of water commissioners, empowered to supply the city with water, using for that purpose proceeds of bonds authorized to be issued, and at liberty to lay the pipes through any of the streets of the - city. The bonds represented the water debt of the city, and…

2Cases cited2 opinions

  1. Spencer v. . MerchantNew York Court of Appeals · 1885
  2. Remsen v. . WheelerNew York Court of Appeals · 1887

3Cited by20 opinions

  1. Silkman v. Board of Water CommissionersNew York Court of Appeals · 1897
  2. Hamilton's AppealSupreme Court of Pennsylvania · 1940
  3. People Ex Rel. American Exchange National Bank v. PurdyNew York Court of Appeals · 1909
  4. Van Deventer v. . Long Island CityNew York Court of Appeals · 1893
  5. Sears v. Street Commissioners of BostonMassachusetts Supreme Judicial Court · 1899

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