Legal Opinion

Elwood v. City of Rochester

New York Supreme Court

Decided January 15, 1887Published

Appeal from a judgment entered in Monroe county on the report of a referee.

1Opinion of the Court

Smith, P. J.:

The judgment vacates an assessment imposed by the defendant, the city of Rochester, upon the land of the plaintiff, to defray in part the expense of opening a new street in said city, called Church street, and relieves plaintiff’s said land from any future.local assessment on account of the expense of opening said street. In the proceedings, which resulted in the assessment in question, the city authorities assumed to derive their power from the provisions of the charter of the city respecting the laying out and opening of streets and the levying of assessments to defray the…

2Cases cited13 opinions

  1. Hassan v. . City of RochesterNew York Court of Appeals · 1876
  2. In Matter of City of BuffaloNew York Court of Appeals · 1879
  3. Troy & Boston Railroad v. LeeNew York Supreme Court · 1852
  4. Marsh v. . City of BrooklynNew York Court of Appeals · 1874
  5. People Ex Rel. Howlett v. Mayor & Common CouncilNew York Court of Appeals · 1875

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