Legal Opinion

Kinsella v. City of Auburn

New York Supreme Court

Decided October 19, 1889Published

Appeal from a judgment entered upon the decision of the Cayuga county special term, dismissing the plaintiff’s complaint.

1Opinion of the CourtBarker, P. J.

The action was brought to vacate an assessment which was apparently a lien upon the plaintiff’s premises in the city of Auburn. It was levied pursuant to proceedings taken to pay the expense of constructing a sewer in Van Anden street. The regularity of the proceedings up to and including the adoption by the common council of the resolution authorizing the construction of the sewer is not questioned, but it is contended that to render the resolution effectual, its approval by the mayor or its re-adoption by the common council was required by the statute, which provides that no resolution…

2Cases cited40 opinions

  1. Hassan v. . City of RochesterNew York Court of Appeals · 1876
  2. Tripler v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1891
  3. O'Reilley v. . City of KingstonNew York Court of Appeals · 1889
  4. In the Matter of the Petition of MerriamNew York Court of Appeals · 1881
  5. Gilmore v. . City of UticaNew York Court of Appeals · 1890

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