People Ex Rel. Empie v. . Smith
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered April 3, 1915. which modified, on certiorari, and confirmed as modified an assessment against real property of the relator. The facts, so far as material, are stated in the opinion. The assessment is void because no notice was served after" district of assessment was established. (L. 1905, ch. 593; Folmsbee v. City of Amsterdam, 142 N. Y. 118; Dillon on Mun.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered April 3, 1915. which modified, on certiorari, and confirmed as modified an assessment against real property of the relator. The facts, so far as material, are stated in the opinion. The assessment is void because no notice was served after" district of assessment was established. (L. 1905, ch. 593; Folmsbee v. City of Amsterdam, 142 N. Y. 118; Dillon on Mun. Corp. [5th ed.] 2607; Tifft v. City of Buffalo, 25 App. Div. 376; 164 N. Y. 605; Merritt v. Village of Portchester, 71 N. Y.…
1Opinion of the Court
Willard Bartlett, Ch. J.
This is a special proceeding under a writ of certiorari returnable in the first instance directly to the Appellate Division to review the action of the common council of the city of Johnstown in confirming an assessment of $1,350.21 against the property of the relator for the construction of a sewer known as the Thyneville trunk sewer in said city. The relator attacked the validity of the assessment on the ground that it had not been levied in conformity with the requirements of the city charter relative to improvements of this character. The Appellate Division held,…
2Cases cited2 opinions
- People Ex Rel. O'Reilly v. Common Council of KingstonNew York Court of Appeals · 1907
- People Ex Rel. Town of Hempstead v. State Board of Tax CommissionersNew York Court of Appeals · 1915
3Cited by6 opinions
- Kermani v. Town Board of GuilderlandAppellate Division of the Supreme Court of the State of New York · 1975
- Matter of Seidl v. ZaunerNew York Court of Appeals · 1928
- In re the Assessment of the Cost & Expense of the Laying of SewersNew York Supreme Court · 1929
- In re SeidlAppellate Division of the Supreme Court of the State of New York · 1927
- Moore v. HarveyAppellate Division of the Supreme Court of the State of New York · 1932
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