Legal Opinion

James G. Bender, Jr., Individually and as Successor Administrator of the Estate of James G. Bender, Sr. v. City of Rochester, New York

Court of Appeals for the Second Circuit

Decided June 10, 1985No. 494, Docket 84-7722PublishedCited by 21 opinions

1Opinion of the Court

JON 0. NEWMAN, Circuit Judge.

The question presented on this appeal concerns the constitutionality of procedures followed by the City of Rochester, New York, (the “City”) to notify owners of real property that the City has instituted tax foreclosure proceedings against their property. Specifically, we must decide whether the City satisfied the requirements of due process by mailing notice of a tax foreclosure proceeding addressed to the person listed on the land records as the owner of real property, but who in fact was deceased, or whether the City was required to identify and give notice to…

2Cases cited9 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Mennonite Board of Missions v. AdamsSupreme Court of the United States · 1983
  3. Schroeder v. City of New YorkSupreme Court of the United States · 1962
  4. Walker v. City of HutchinsonSupreme Court of the United States · 1956
  5. Greene v. LindseySupreme Court of the United States · 1982

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3Cited by21 opinions

  1. Josephine Weigner v. The City of New YorkCourt of Appeals for the Second Circuit · 1988
  2. Milton H. Greene Archives, Inc. v. Marilyn Monroe LLCCourt of Appeals for the Ninth Circuit · 2012
  3. Davis Oil Company v. William P. Mills, Iii, William P. Mills, III v. Davis Oil CompanyCourt of Appeals for the Fifth Circuit · 1989
  4. In Re Waterman Steamship Corp.United States Bankruptcy Court, S.D. New York · 1986
  5. Milton H. Greene Archives, Inc. v. CMG Worldwide, Inc.District Court, C.D. California · 2008

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