People Ex Rel. O'Reilly v. Common Council of Kingston
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered August 8, 1906, which vacated a writ of certiorari to review the proceedings of' the defendants in levying an assessment on relator’s real property and dismissed the proceedings. Lavan street in the city of Kingston runs northerly from Staples street to Andrew street.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered August 8, 1906, which vacated a writ of certiorari to review the proceedings of' the defendants in levying an assessment on relator’s real property and dismissed the proceedings. Lavan street in the city of Kingston runs northerly from Staples street to Andrew street. From the point of intersection Andrew street continues westerly to Mary’s avenue, which extends thence in a northerly direction for more than seven hundred feet to a point not specified. This proceeding was instituted to…
1Opinion of the CourtVann, J.
Thé charter of the city of Kingston provides that “ the common council may cause any street * * * or any part thereof not previously graded, * * * to be graded * * * and determine what part, if any, not exceeding twénty-five per centum of the expense thereof shall be paid by general tax upon the city and what part of such expense, * * * shall be paid by special assessment on the property fronting on such improvement. The common council may also make and construct * * * sewers, and in like manner determine the proportions to be paid by general tax and by special assessment against the property…
2Cases cited6 opinions
- Spencer v. MerchantSupreme Court of the United States · 1888
- Merritt v. . Village of PortchesterNew York Court of Appeals · 1877
- Spencer v. . MerchantNew York Court of Appeals · 1885
- Van Deventer v. . Long Island CityNew York Court of Appeals · 1893
- Stebbins v. . KayNew York Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Gerlach v. City of SpokaneWashington Supreme Court · 1912
- People Ex Rel. Empie v. . SmithNew York Court of Appeals · 1915
- Matter of Seidl v. ZaunerNew York Court of Appeals · 1928
- Prott v. City of GaryIndiana Court of Appeals · 1931
- Bana Electric Corp. v. Board of EducationNew York Supreme Court · 1959
5 more not listed; retrieve them via the Exa API.