Lyon v. Town of Tonawanda
U.S. Circuit Court for the District of Northern New York
On Motion for a Preliminary Injunction and oh Demurrer and I’lea. to the Bill. The complainant is a citizen of the state of New York. The defendant, the' town of Tonawanda, is a municipal corporation of the county of Brie and state of New York, and the defendant Patten is the supervisor of the said town. The parties are all residents of the Northern district of New York and the jurisdiction of this court is invoked solely upon the theory that a federal question is involved.
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On Motion for a Preliminary Injunction and oh Demurrer and I’lea. to the Bill. The complainant is a citizen of the state of New York. The defendant, the' town of Tonawanda, is a municipal corporation of the county of Brie and state of New York, and the defendant Patten is the supervisor of the said town. The parties are all residents of the Northern district of New York and the jurisdiction of this court is invoked solely upon the theory that a federal question is involved. The important allegations of the hill may he stated briefly as follows: The complainant is the owner of two parcels of…
1Opinion of the CourtCoxe, District Judge
(after stating the facts as above). This controversy is presented to the court upon what is practically an agreed state of facts. The fundamental question is whether or not an assessment, made pursuant to a state law, for grading and paving a highway, which apportions the entire cost of such improvement upon the abutting land according to the front-foot rule, without regard to the size and value of the parcels or the benefits derived from such improvement, is contrary to the fifth and fourteenth amendments to the constitution of the United States? If this question has been decided by the…
2Cases cited9 opinions
- Norwood v. BakerSupreme Court of the United States · 1898
- Carver v. JacksonSupreme Court of the United States · 1830
- Oliver v. PiattSupreme Court of the United States · 1845
- Corning v. . Troy Iron and Nail FactoryNew York Court of Appeals · 1869
- Spencer v. . MerchantNew York Court of Appeals · 1885
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Pennsylvania Co. v. ColeU.S. Circuit Court for the District of Indiana · 1904
- State v. Robert P. Lewis Co.Supreme Court of Minnesota · 1901
- Charles v. City of MarionU.S. Circuit Court for the District of Indiana · 1900
- Parker v. City of DetroitU.S. Circuit Court for the District of Eastern Michigan · 1900
- Zehnder v. Barber Asphalt Paving Co.U.S. Circuit Court for the District of Kentucky · 1901
1 more not listed; retrieve them via the Exa API.