In the Matter of William A. Fowler
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, affirming an order of Special Term granting an application of the board of water and sewerage commissioners, of the city of Brooklyn, and appointing commissioners to open Dean street in said city from bTostrand to Albany avenue.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, affirming an order of Special Term granting an application of the board of water and sewerage commissioners, of the city of Brooklyn, and appointing commissioners to open Dean street in said city from bTostrand to Albany avenue. Said board, in carrying out their plan of sewerage and drainage, constructed a sewer in the portion of Dean street referred to, which had not been legally opened, and a right of way acquired therein by the city. After such construction this application was made. It was…
1Opinion of the CourtFolger, J.
There is no question but that the order is appealable. It is a final order in a special proceeding, and affects a substantial right, and falls within section 11, sub. 3 of the Code of Procedure. (Rens. & Sar. R. R. Co. v. Davis, 43 N. Y., 137, and cases there cited.)
The necessity, for an appropriation of lands by the legislature in the exercise of the right of eminent domain, may not be questioned by the courts. Andas the legislature may delegate the exercise of this power to municipalities, to boards of officers and to public agents, the necessity for an appropriar tion by them may not be…
2Cases cited3 opinions
- People Ex Rel. Herrick v. SmithNew York Court of Appeals · 1860
- Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
- In Re the Appraisal of Damages of TownsendNew York Court of Appeals · 1868
3Cited by44 opinions
- People v. . Adirondack Railway Co.New York Court of Appeals · 1899
- Wulzen v. Bd. of Supervisors of City & Cty of San FranciscoCalifornia Supreme Court · 1894
- State Ex Rel. Edwards v. MillarSupreme Court of Oklahoma · 1908
- Ross v. Board of SupervisorsSupreme Court of Iowa · 1905
- Matter of City of New York (Ely Avenue)New York Court of Appeals · 1916
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