Keller v. City of Mount Vernon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Mount Vernon, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 29th day of May, ■ 1897, upon the report of a referee.
1Opinion of the Court
Willard Bartlett, J.:
This is an action in equity to set aside an assessment for grading a street in front of certain premises belonging to the plaintiff in the city of Mount Vernon.' The learned referee before whom the ■case was tried held that the plaintiff was entitled to have the assessment declared void on two grounds: (1) Because the assessing ■officers proceeded upon a wrong principle; and (2) because the city officials not only graded the existing street but materially ■changed the grade, which they had no authority to do.
I think the judgment may be upheld on the first ground, but not'…
2Cases cited3 opinions
- Strusburgh v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1882
- People Ex Rel. Board of Supervisors v. Common CouncilNew York Court of Appeals · 1886
- People ex rel. Keller v. ManyNew York Supreme Court · 1895
3Cited by1 opinion
- Coyne v. Town of GreenburghAppellate Division of the Supreme Court of the State of New York · 1920