Bradley v. City of New Haven
Supreme Court of Connecticut
Suit to secure the annulment of an assessment of special benefits against the plaintiff, an abutting landowner, for the construction of a sewer in front of his land, upon the alleged ground that the order of the board of aldermen directing the construction of the sewer, and all subsequent action relating thereto, were ultra vires and void, brought to and tried by the Superior Court in New Haven County, Burpee, J., upon a demurrer to the complaint; the court sustained the…
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Suit to secure the annulment of an assessment of special benefits against the plaintiff, an abutting landowner, for the construction of a sewer in front of his land, upon the alleged ground that the order of the board of aldermen directing the construction of the sewer, and all subsequent action relating thereto, were ultra vires and void, brought to and tried by the Superior Court in New Haven County, Burpee, J., upon a demurrer to the complaint; the court sustained the demurrer and afterward rendered judgment (Reed, J.) for the defendant, from which the plaintiff appealed.
1DissentWheeler, J.
The complaint alleges: (1) that the board of aldermen of New Haven passed, and the mayor approved, the following vote, “Ordered, that the Director of Public Works cause a sewer to be constructed in Bailey Street between Ferry Street and Rowe Street, of the proper size and materials, with all necessary manholes, culverts, basins, etc.”; (2) that the director of public works, professing to proceed under said order, surveyed and laid out a sewer in Bailey Street in front of the property of the plaintiff; (3) that the bureau of compensation, professing to proceed under said order and survey and…
2Cases cited10 opinions
- Bolton v. GilleranCalifornia Supreme Court · 1894
- Birdsall v. . ClarkNew York Court of Appeals · 1878
- Foss v. City of ChicagoIllinois Supreme Court · 1870
- Hydes v. JoyesCourt of Appeals of Kentucky · 1868
- Lowery v. City of LexingtonCourt of Appeals of Kentucky · 1903
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