In re White Plains Presbyterian Church
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out. of the Supreme Court and attested on the, 26th day of Ho vember, 1904, directed to the-board of trustees of the. village of White Plains, New York, commanding them to certify and return to the office of the clerk of the county of Westchester all and singular the proceedings of the said board in relation to the assessments of the relator for macadamizing and improving Broadway in the village of White Plains.
1Opinion of the Court
Jenks, J.:
This is a writ of certiorari to review an assessment for macadamizing and improving a street, laid in part upon the realty of the applicant located thereupon. The said lands have a frontage of 350 feet, of which 50 feet are occupied by a church edifice, and the remainder by a burial ground. The applicant concedes that the said 50 feet are subject to an assessment (but not in the amount apportioned), but contends that the remainder is wholly exempt under chapter 310 of the Laws of 1879. That act reads: “ Section 1. No land actually used and occupied for cemetery purposes shall be…
2Cases cited4 opinions
- People Ex Rel. Scott v. . PittNew York Court of Appeals · 1902
- Oakland Cemetery v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1901
- City of Ithaca v. BabcockAppellate Division of the Supreme Court of the State of New York · 1902
- In re PhelpsAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by5 opinions
- In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- In re the City of New YorkNew York Supreme Court · 1914
- Gouverneur Village v. Gouverneur Cemetery Ass'nNew York Supreme Court · 1909
- In re the Trustees of the Reformed Protestant Dutch ChurchNew York Supreme Court · 1917
- Gouverneur Village v. Gouverneur Cemetery Ass'nAppellate Division of the Supreme Court of the State of New York · 1909