Legal Opinion

People Ex Rel. D., L. W.R.R. Co. v. Wildy

New York Court of Appeals

Decided May 23, 1933PublishedCited by 9 opinions

1Opinion of the Court

An assessment for the construction and maintenance of a sewerage system has been imposed upon the lands of the Delaware, Lackawanna and Western Railroad Company within a sewer district, established pursuant to statute, in the town of Cheektowaga. Upon a review in certiorari proceedings, the assessment has been annulled on the ground that the property of the railroad company received no benefit from the construction and operation of the sewer system and was not subject to any assessment.

The statute at that time required that assessments for the construction of a sewer must be imposed upon lots…

2Cases cited4 opinions

  1. Matter of City of New York (Juniper Ave.)New York Court of Appeals · 1922
  2. N.Y.C. H.R.R.R. Co. v. . City of YonkersNew York Court of Appeals · 1924
  3. In re Syracuse, Binghamton & New York RailroadAppellate Division of the Supreme Court of the State of New York · 1928
  4. Matter of Syracuse, Binghamton and New York v. AmburghNew York Court of Appeals · 1929

3Cited by9 opinions

  1. Nolan v. Bureau of Assessors of New York City Finance AdministrationNew York Court of Appeals · 1972
  2. People Ex Rel. N.Y.C.R.R. Co. v. LimburgNew York Court of Appeals · 1940
  3. Board of Education v. Village of AlexanderNew York Supreme Court · 1949
  4. In re the Assessment of Cost & Expense of Improvement of Construction of Lateral Sewer in Amundson AvenueNew York Supreme Court · 1959
  5. Louisville Memorial Gardens, Inc. v. CarpenterCourt of Appeals of Kentucky · 1953

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