City of New York v. City of Yonkers
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure (now section 546 of the Civil Practice Act). The plaintiff owns unimproved property abutting on certain avenues and roads in the city of Yonkers.
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Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure (now section 546 of the Civil Practice Act). The plaintiff owns unimproved property abutting on certain avenues and roads in the city of Yonkers. The defendant assessed the property for water rents for the year 1917, amounting to $1,199.80, claiming that the assessment was a valid lien upon the property pursuant to the laws authorizing the assessment for water rent applicable to the city of Yonkers. The charges have not been paid and the plaintiff has demanded that they be…
1Opinion of the Court
Blackmar, P. J.:
The plaintiff claims that the rates assessed against its property within the limits of the defendant corporation are invalid, first, because the defendant had no authority of law to assess water' rates upon unimproved property, and, second, because opportunity to be heard as to the validity of the assessment had not been given to the plaintiff.
The defendant is a second class city. (See N. Y. Const, art. 12, § 2; Legislative Manual 1921, p. 226.) The Second Class Cities Law (Laws of 1906, chap. 473), entitled “ Uniform charter of cities of the second class,” was passed on the…
2Cited by1 opinion
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