Donnelly v. City of New Haven
Supreme Court of Connecticut
Application by a property-owner for relief from a sewer assessment upon the ground of its alleged illegality, brought to the Superior Court in New Haven County and tried to the court upon a demurrer to the amended complaint; the court, Warner, J., sustained the demurrer and afterward rendered judgment (Greene, J.) in favor of the defendant, from which the plaintiff appealed.
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Application by a property-owner for relief from a sewer assessment upon the ground of its alleged illegality, brought to the Superior Court in New Haven County and tried to the court upon a demurrer to the amended complaint; the court, Warner, J., sustained the demurrer and afterward rendered judgment (Greene, J.) in favor of the defendant, from which the plaintiff appealed. On May 4th, 1908, the board of aldermen of the city of New Haven, pursuant to the report and recommendation of the committee on sewers and sanitation, to whom had been referred a petition therefor, passed an order in the…
1Opinion of the CourtGager, J.
It appears from the complaint that the only action taken by the board of aldermen with reference to the construction of the two connecting sections of the Middletown Avenue sewer, was in and .by two orders, identical in form except for the designation of the termini of each section, and reading: “Ordered that the director of public works cause a sewer to be constructed in Middletown Avenue between [naming the termini], of the proper size and materials, with all necessary manholes, culverts, basins, and so forth.” The plaintiff claims that this order constituted an invalid delegation of power…
2Cases cited22 opinions
- Field v. ClarkSupreme Court of the United States · 1892
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- United States v. GrimaudSupreme Court of the United States · 1911
- Welch v. SwaseyMassachusetts Supreme Judicial Court · 1907
- Hancock v. City of MuskogeeSupreme Court of the United States · 1919
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3Cited by14 opinions
- Sage-Allen Co., Inc. v. WheelerSupreme Court of Connecticut · 1935
- Pepe v. City of New BritainSupreme Court of Connecticut · 1987
- Keating v. PattersonSupreme Court of Connecticut · 1945
- Connelly v. City of BridgeportSupreme Court of Connecticut · 1926
- Nash Engineering Co. v. City of NorwalkSupreme Court of Connecticut · 1950
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