People Ex Rel. Hays v. . City of Brooklyn
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, reversing the proceedings of the common council of the said city, in imposing assessments for the expense of digging down certain lots, which were brought iip for review by certiorári.
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Appeal from judgment of the General Term of the City Court of Brooklyn, reversing the proceedings of the common council of the said city, in imposing assessments for the expense of digging down certain lots, which were brought iip for review by certiorári. The objection to the assessment was that no petition of the land-owners was presented for said work, nor any resolution by the board of health, or common council acting as a board of health, determining that said work was necessary. Further facts appear in the opinion. Section 36 of the act of 1874 (chap. 589), cannot be confined to…
1Opinion of the CourtMiller, J.
The proceedings to assess the real estate of the relators were not conducted in accordance with the pro visions of the statutes relating to the subject. The return to the certiorari shows that no petition was presented, and that the common council did not act as a board of health in relation thereto, as the law requires in imposing an assessment of this character. The assessments were therefore invalid, and without the authority of law for want of jurisdiction. This is conceded, but it is urged that the validity of the assessment is confirmed and established by virtue of a provision in…
2Cited by8 opinions
- People Ex Rel. Nostrand v. . WilsonNew York Court of Appeals · 1890
- Inhabitants of Otisfield v. ScribnerSupreme Judicial Court of Maine · 1930
- People ex rel. Richmond v. WilsonNew York Supreme Court · 1888
- Burke v. Mayor of New YorkNew York Supreme Court · 1886
- In re Delaware & Hudson Canal Co., New York County Courts1889
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