People Ex Rel. Lehigh Valley Railway Co. v. City of Buffalo
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made March 26, 1895, which affirmed an order of the Special Term-, made in certiorari proceedings, declaring a local assessment for the dredging of Buffalo river, so far as it related to relator’s land, illegal and void, and directing that the assessment roll be returned by the comptroller to the common council of the city of Buffalo, to annul or correct the same according to law.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made March 26, 1895, which affirmed an order of the Special Term-, made in certiorari proceedings, declaring a local assessment for the dredging of Buffalo river, so far as it related to relator’s land, illegal and void, and directing that the assessment roll be returned by the comptroller to the common council of the city of Buffalo, to annul or correct the same according to law. The relator, appellant, contends on this appeal, in addition to its objections to the assessment roll, that, as the trial…
1Opinion of the Court
Andrews, Ch. J.
We think the order in this case should be affirmed, and we shall briefly consider some of the questions not referred to in the elaborate opinion of Judge G-reen at Special Term.(1) The claim that the district of assessment should have been fixed by the common council, and not by the assessors, depends upon the provisions of the charter. It was competent for the legislature to prescribe the public agency to which this power should be committed. It could have' imposed this duty upon the common council, or on a board of commissioners, or on the assessors. (Spencer v. Merchant, 100…
2Cited by10 opinions
- Bauman v. RossSupreme Court of the United States · 1897
- In re Westlake AvenueWashington Supreme Court · 1905
- Smith v. . City of BuffaloNew York Court of Appeals · 1899
- Providence Retreat v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1898
- Mansfield v. City of LockportNew York Supreme Court · 1898
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