Matter of Buel
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 4, 1901, which affirmed an order of the Otsego County Court confirming the report of commissioners in proceedings to lay out a highway., The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 4, 1901, which affirmed an order of the Otsego County Court confirming the report of commissioners in proceedings to lay out a highway., The facts, so far as material, are stated in the opinion. Neither the County Court, nor the commissioners appointed by it under the order of September 20, 1899, ever acquired jurisdiction of the subject-matter in this proceeding, because of the failure of the petitioner to allege or state in his petition the facts specified by the statute as…
1Opinion of the CourtHaight, J.
We think all of the questions raised on t_is review have been properly disposed of by the courts below, and that the only question requiring further consideration here is the failure on the part of the applicant- to state in his petition to the County Court that the lands sought to be taken for the purpose of a highway had not been dedicated to the town for highway purposes or had not been released by the owner for that purpose.
Under the Highway Law the commissioners of highways are authorized, either with or without a written applicationJ therefor, to lay out a highway upon lands released or…
2Cited by3 opinions
- Sleepy Hollow Valley Committee v. McMorranNew York Court of Appeals · 1967
- In re Rushmore, New York County Courts1908
- Schesch v. StateNew York Supreme Court · 1970