Clark v. City of Utica

The complaint in this case seeks to obtain relief from a proceeding on the part of the corporate authorities of the city of Utica, by which a portion of the plaintiff’s lands in said city were appropriated and taken for certain streets opened therein, and his damages assessed and compensation ascertained, pursuant to certain provisions of the' city charter. The only question which has been argued before me respects the conformity of the provisions of the charter, and the acts of the common council under them, with the constitution of the state. In the complaint the plaintiff avers that the…