Legal Opinion

In re Starr Street

New York Supreme Court

Decided September 15, 1911PublishedCited by 6 opinions

Motion to confirm report of commissioners.

1Opinion of the CourtBlaokmar, J.

Objection is made to the confirmation of the report as to the assessment for benefits on the ground that the exemption therefrom of the cemeteries, under chapter 310 of the Laws of 1879, as construed in Matter of City of New York, 192 N. Y. 459, operates illegally to cast an undue burden on the other property within the area of assessment as fixed by the commissioners. The fact that such exemption does increase the assessments on other property is not disputed and is obvious. The amount of cemetery land within the area of assessment is so large that this result is not only obvious but…

2Cases cited8 opinions

  1. Norwood v. BakerSupreme Court of the United States · 1898
  2. Matter of City of New YorkNew York Court of Appeals · 1907
  3. People v. . UnderhillNew York Court of Appeals · 1895
  4. Matter of City of New YorkNew York Court of Appeals · 1908
  5. County of Monroe v. . City of RochesterNew York Court of Appeals · 1898

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3Cited by6 opinions

  1. City & County of Denver v. TihenSupreme Court of Colorado · 1925
  2. Woodmere Cemetery Ass'n v. City of DetroitMichigan Supreme Court · 1916
  3. Board of Education v. Village of AlexanderNew York Supreme Court · 1949
  4. In re Prospect StreetNew York Supreme Court · 1912
  5. Holmes v. StateNew York Court of Claims · 1951

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