Chapman v. . the City of Brooklyn
New York Court of Appeals
An assessment was made by the defendant for the purpose of raising the money necessary for the payment of the ,expenses of grading and paving Lafayette avenue, from Bed-ford to Division avenue, in the city of Brooklyn. By this assessment lot forty-five, on the assessment map, was assessed the sum of $893.62, and lot sixty was assessed the sum of $1,100.43, as the amounts they were severally deemed benefited by the improvement.
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An assessment was made by the defendant for the purpose of raising the money necessary for the payment of the ,expenses of grading and paving Lafayette avenue, from Bed-ford to Division avenue, in the city of Brooklyn. By this assessment lot forty-five, on the assessment map, was assessed the sum of $893.62, and lot sixty was assessed the sum of $1,100.43, as the amounts they were severally deemed benefited by the improvement. These lots were assessed to Emily P., Charles W., and Elizabeth Greene, as their owners. The assessments were not paid, and they were returned by the collector as…
1Opinion of the CourtDaniels, J.
It is not necessary that certain minor objections to the validity of the defendant’s proceedings should be noticed, for they were utterly and entirely void on account of the omission to institute and carry them on against the owner or occupant of the lands intended: to be affected by them. It was an attempt to sell and divest the property owned and occupied by one person, by means of proceedings taken and carried on against three other persons. The statute providing for these proceedings, did not permit that to be done. By that statute the expenses of grading and paving streets in the city of…
2Cases cited10 opinions
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- Mygatt v. . WashburnNew York Court of Appeals · 1857
- Swift v. . City of PoughkeepsieNew York Court of Appeals · 1868
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3Cited by35 opinions
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