Oakland Cemetery v. City of Yonkers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Yonkers, 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 6th day of July, 1900, upon the decision of the court rendered after a trial at the Westchester Special Term, vacating and setting aside an assessment levied upon the property of the plaintiff, and enjoining and restraining the collection thereof.
1Opinion of the Court
•Sewell, J.:
The plaintiff is a cemetery association, organized under chapter 133 of the Laws of 1847, and is the owner of real estate in the city of Yonkers which it actually uses and occupies for cemetery purposes. 'The cemetery has a frontage on Saw Mill River road and Ashbur*449ton avenue of about 1,200 feet. The defendant levied upon the cemetery an assessment of $1,940, as being the sum determined as the amount of the benefit to the property by the construction of a sewer in Ashburton avenue and other streets in the city of Yonkers, and this action was brought to set aside the assessment and…
2Cases cited3 opinions
- Buffalo Cemetery Assn. v. . City of BuffaloNew York Court of Appeals · 1889
- Buffalo City Cemetery v. . City of BuffaloNew York Court of Appeals · 1871
- People Ex Rel. Oak Hill Cemetery Ass'n v. PrattNew York Court of Appeals · 1891
3Cited by10 opinions
- Matter of City of New YorkNew York Court of Appeals · 1908
- City of Seattle v. Mount Pleasant Cemetery Co.Washington Supreme Court · 1910
- In re the City of New York Relative to Acquiring Title Wherever the Same Has Not Been Heretofore Acquired for the Same Purpose in Fee to the LandsAppellate Division of the Supreme Court of the State of New York · 1940
- Mayor v. Riverview Cemetery Co.Superior Court of Delaware · 1937
- City of St. Paul v. Oakland Cemetery Ass'nSupreme Court of Minnesota · 1916
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