In re the City of Buffalo
New York Supreme Court
Motion for allowances of costs by property owners.
1Opinion of the CourtPooley, J.
The application for allowances must be denied. In proceedings brought under the Condemnation Law, provision is made, where, in a proper case, costs and additional allowances may be awarded. There seems to be no reason why an owner, whose property is taken from him against his will by the sovereign power of the state, should not be entitled to costs, and in proper cases to extra allowances, whether his property is taken under the Condemnation Law or under the provision of the charter. The result to the owner may be the same in that he is compelled to give up his property; and I think in this…
2Cases cited3 opinions
- In Re Board of Rapid Transit RailroadNew York Court of Appeals · 1909
- Matter of City of BrooklynNew York Court of Appeals · 1895
- Dexter & Northern Railroad v. FosterAppellate Division of the Supreme Court of the State of New York · 1911