Legal Opinion
Matter of Lawrence v. Vil. of Mamaroneck
New York Court of Appeals
Decided February 27, 1934PublishedCited by 9 opinions
1Opinion of the CourtCrane, J.
“ Under the settled law of this state damage caused to an abutter by a change of the grade of a, street by the municipal authorities was damnum absque injuria. (Radcliff’s Exrs. v. Mayor, etc., of Brooklyn, 4 N. Y. 195; Heiser v. Mayor, etc., of N. Y., 104 N. Y. 68.) The hardship of this rule, however, was early appreciated and legislation was passed to secure abutters who improved their property on the faith of the established grade of a street from alteration of that grade without compensation. So, in 1883, a statute (Chap. 113) enacted that whenever the grade of any street or highway in…
2Cases cited7 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Heiser v. . the Mayor, Etc., of N.Y.New York Court of Appeals · 1887
- Matter of Torge v. . Vil. of SalamancaNew York Court of Appeals · 1903
- Matter of DupontNew York Court of Appeals · 1916
- McMullen v. Village of MarlboroughAppellate Division of the Supreme Court of the State of New York · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cimo v. State of New YorkNew York Court of Appeals · 1953
- Hollman v. StateNew York Court of Claims · 1939
- Baker v. Mayor of City of ElmiraNew York Supreme Court · 1935
- In re DeLongNew York Supreme Court · 1941
- Selig v. StateNew York Court of Claims · 1959
4 more not listed; retrieve them via the Exa API.