Matter of Schell
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, modifying an order of Special Term, which corrected certain assessments for a local improvement upon five lots, in the city of New York, owned by the petitioner. (Reported below, 16 Hun, 283.) Each lot was assessd at $752.50. The order of Special Term reduced this assessment to $450 per lot; this was changed by the order of General Term to $500 per lot.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, modifying an order of Special Term, which corrected certain assessments for a local improvement upon five lots, in the city of New York, owned by the petitioner. (Reported below, 16 Hun, 283.) Each lot was assessd at $752.50. The order of Special Term reduced this assessment to $450 per lot; this was changed by the order of General Term to $500 per lot. The petitioner sought to vacate the assessments chiefly upon the ground that the assessment upon each lot exceeded half its value, and so was in…
1Opinion of the CourtEarl, J.
It is provided in section 7 of chapter 326 of the Laws of 1840 that “commissioners or assessors for making estimates and assessments for any improvements authorized by law to be assessed upon the owners or Occupants of houses and lots, or improved or unimproved lands, shall in no case assess any house, lot, improved or unimproved lands more than one-half the value of such house, lot, improved or unimproved lands as valued by the assessors of the ward in which the same shall be situate.” It has been several times held in this court that this statute is still in force, and that it limits…
2Cases cited1 opinion
- Tone v. Mayor of New YorkNew York Court of Appeals · 1877
3Cited by5 opinions
- In re of the Application of The Mayor, Aldermen & CommonaltyAppellate Division of the Supreme Court of the State of New York · 1899
- In the Matter of ChurchillNew York Court of Appeals · 1880
- In re HazletonNew York Supreme Court · 1890
- In re Department of Public WorksNew York Supreme Court · 1892
- In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1899