Legal Opinion
In re Laying Out of a Certain Town Highway in the Town of Ballston
Appellate Division of the Supreme Court of the State of New York
Decided July 2, 1937PublishedCited by 3 opinions
1Opinion of the CourtHeffernan, J.
The facts in this proceeding are comprehensively stated in the dissenting opinion of Mr. Justice Crapser on the former determination (249 App. Div. 871) and their repetition is unnecessary. We then affirmed the determination of the town board. We directed a reargument principally for the purpose of a consideration and determination of the nature, scope and extent of our power of review on an appeal of this character. After more deliberate consideration and reflection we have concluded that our former decision should be overruled. That decision was predicated on the ground that the court was…
2Cases cited19 opinions
- People Ex Rel. Herrick v. SmithNew York Court of Appeals · 1860
- People Ex Rel. New York & Queens Gas Co. v. McCallNew York Court of Appeals · 1916
- In Re the Appraisal of Damages of TownsendNew York Court of Appeals · 1868
- In the Matter of William A. FowlerNew York Court of Appeals · 1873
- Citizens' Savings Bank v. Town of GreenburghNew York Court of Appeals · 1903
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3Cited by3 opinions
- City of Syracuse v. GibbsAppellate Division of the Supreme Court of the State of New York · 1940
- In re the Laying Out of a Certain Town HighwayAppellate Division of the Supreme Court of the State of New York · 1937
- In re the Laying Out of a Certain Town HighwayAppellate Division of the Supreme Court of the State of New York · 1937