Legal Opinion

In Re Common Council of the City of Amsterdam

New York Court of Appeals

Decided April 14, 1891PublishedCited by 10 opinions

Appeal from order of the General Term of the Supreme Court in the third judicial department, made December 28, 1889, which affirmed in part and reversed in part an order of Special- Term which set aside and vacated an assessment made by commissioners appointed in the above entitled proceeding, appraising and assessing damages on extending Grove and Jay streets in the city of Amsterdam, and referred the matter back to said commissioners for further hearings and assessments.

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Appeal from order of the General Term of the Supreme Court in the third judicial department, made December 28, 1889, which affirmed in part and reversed in part an order of Special- Term which set aside and vacated an assessment made by commissioners appointed in the above entitled proceeding, appraising and assessing damages on extending Grove and Jay streets in the city of Amsterdam, and referred the matter back to said commissioners for further hearings and assessments. The facts, so far as material, are set forth in the opinion. The objection that the provisions of the charter are…

1Opinion of the Court

Finch,- J.

The Special Term, upon the motion to confirm the commissioners’ report, awarding damages and assessing benefits for the extension of Grove and Jay streets, in the city of Amsterdam, had before it two classes of property -owners objecting to the confirmation: one class consisting of persons whose lands had been taken for the improvement, and the other of persons assessed for benefits whose property was situated upon outlying- streets, not immediately or directly connected with Grove or Jay streets, or their proposed extension. Mrs. Dickson, whose land was taken, objected to the…

2Cases cited3 opinions

  1. People v. . TurnerNew York Court of Appeals · 1889
  2. Spencer v. . MerchantNew York Court of Appeals · 1885
  3. Remsen v. . WheelerNew York Court of Appeals · 1887

3Cited by10 opinions

  1. Bauman v. RossSupreme Court of the United States · 1897
  2. N.Y.C. H.R.R.R. Co. v. . City of YonkersNew York Court of Appeals · 1924
  3. In Re the Application of the City of New YorkNew York Court of Appeals · 1943
  4. New York Central & Hudson River Railroad v. City of YonkersNew York Court of Appeals · 1924
  5. Leonhardt v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1921

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