People ex rel. O'Reilly v. Common Council
Appellate Division of the Supreme Court of the State of New York
Oertiobari issued out of the Supreme Court and attested on the 18th day of August, 1905, directed to the common council of the city of Kingston, Mew York, and others, requiring them to certify and return to the office of the clerk of the county of TJlster all and singular their proceedings had in relation to the laying of sewers and grading in certain streets in the city of Kingston.
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Oertiobari issued out of the Supreme Court and attested on the 18th day of August, 1905, directed to the common council of the city of Kingston, Mew York, and others, requiring them to certify and return to the office of the clerk of the county of TJlster all and singular their proceedings had in relation to the laying of sewers and grading in certain streets in the city of Kingston. The proceeding is one brought to review a special assessment to defray the expenses of grading Mary’s avenue, Andrew street and Lavan street, in the city of Kingston, and for constructing a sewer in such avenue…
1Opinion of the Court
Chester, J.:
• The relator first attacks the several assessments made against her property as having "been made without jurisdiction, because there was a change of the established grade of Andrew street without any petition therefor, in violation of section 148 of the city charter (Laws of 1896, chap. 747), which, so far as material, reads as follows ; “ When the grade of any street or highway has been established, it shall not be changed except upon the petition of the owners of a majority of the lineal feet fronting on the street, or part thereof, on which the grade is to be changed, nor…
2Cases cited4 opinions
- O'Reilley v. . City of KingstonNew York Court of Appeals · 1889
- Folmsbee v. . City of AmsterdamNew York Court of Appeals · 1894
- City of Ithaca v. BabcockAppellate Division of the Supreme Court of the State of New York · 1902
- Folmsbee v. City of AmsterdamNew York Supreme Court · 1892
3Cited by1 opinion
- Milwaukee Electric Railway & Light Co. v. Village of ShorewoodWisconsin Supreme Court · 1923