Matter of Zborowski
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department affirming an order of Special Term denying the prayer of a petitioner to vacate an assessment upon certain lots owned by the petitioner in the city of Hew York for building an outlet sewer in Eightieth street, in said city.
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Appeal from order of the General Term of the Supreme Court in the first judicial department affirming an order of Special Term denying the prayer of a petitioner to vacate an assessment upon certain lots owned by the petitioner in the city of Hew York for building an outlet sewer in Eightieth street, in said city. The grounds upon which the application was made were that the construction of the sewer was never authorized by the common council of the city; also, that no notice was given to the petitioner of the intention to build said sewer. The sewer was constructed by the order of the…
1Opinion of the CourtFolger, J.
It is conceded by counsel that up to the year 1865, the common council alone had the power to order the construction of sewers. This concession should he somewhat qualified. It is more accurate to say, that the mayor, aldermen and commonalty of Hew York city, from the date of their ancient charters, had that power, and that up to 1865 it was exercised only through the common council. Some of the older acts required in terms that it should be only so exercised.
In the year 1865 an act was passed, (Laws of 1865, chapter 381, p. 715), entitled “ An act in relation to sewerage and drainage in the…
2Cases cited2 opinions
- People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
- Matter of Petition of Anthony DugroNew York Court of Appeals · 1872
3Cited by16 opinions
- Lent v. TillsonCalifornia Supreme Court · 1887
- City of St. Louis v. RankenSupreme Court of Missouri · 1888
- Cleveland v. . City of WatertownNew York Court of Appeals · 1917
- Terrel v. . WheelerNew York Court of Appeals · 1890
- In Matter of Petition of DepeysterNew York Court of Appeals · 1880
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