In Re the New York Protestant Episcopal Public School
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term denying a motion to vacate an assessment for setting curb and gutter stones and flagging First avenue from Sixty-fifth to Eighty-sixth streets in the city of New York. It appeared that the common council passed an ordinance for the improvements specified. The commissioner of public works received fourteen bids for the work.
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Appeal from an order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term denying a motion to vacate an assessment for setting curb and gutter stones and flagging First avenue from Sixty-fifth to Eighty-sixth streets in the city of New York. It appeared that the common council passed an ordinance for the improvements specified. The commissioner of public works received fourteen bids for the work. He accepted the bid of one Keyes who offered to perform the excavation, filling and flagging for nothing. The prices for the curbing and…
1Opinion of the Court
Church, Ch. J.
It is difficult to sustain this assessment. The rule adopted by the assessors was radically erroneous, and the result reached by them violates the law under which they acted, and the fundamental principle of equality upon which, only, can taxation in any form be justified.
A large number of lots on the line of the improvement were intentionally omitted from the assessment. The reason alleged for this omission is that hi the bid of the contractor no price was specified for flagging, .although a large amount of flagging was to be performed, as well as curbing and guttering. The…
2Cases cited2 opinions
- Hassan v. . City of RochesterNew York Court of Appeals · 1876
- Matter of Petition of Adam S. CameronNew York Court of Appeals · 1872
3Cited by20 opinions
- Hayes v. Douglas CountyWisconsin Supreme Court · 1896
- In the Matter of the Petition of MerriamNew York Court of Appeals · 1881
- Gallaher v. GarlandSupreme Court of Iowa · 1904
- Sharum v. City of MuskogeeSupreme Court of Oklahoma · 1914
- State ex rel. Burger v. District Court of Ramsey CountySupreme Court of Minnesota · 1885
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