Katsch v. City of New Haven
Supreme Court of Connecticut
Action by a property-owner to secure an adjudication that a city building line was null and void in so far as it affected her property, and for damages, brought to and tried by the Superior Court in New Haven County, Holcomb, J., upon demurrer to the substituted complaint; the court sustained the demurrer, refused to allow a further amendment of the complaint (Gager, J.) because it would be unavailing, and afterward rendered judgment (Holcomb, J.) for the defendant, from…
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Action by a property-owner to secure an adjudication that a city building line was null and void in so far as it affected her property, and for damages, brought to and tried by the Superior Court in New Haven County, Holcomb, J., upon demurrer to the substituted complaint; the court sustained the demurrer, refused to allow a further amendment of the complaint (Gager, J.) because it would be unavailing, and afterward rendered judgment (Holcomb, J.) for the defendant, from which the plaintiff appealed. The substituted complaint alleges, in substance, these facts:— The plaintiff is, and for more…
1Opinion of the CourtHall, C. J.
The principal questions discussed before us were whether the plaintiff was entitled to the notice by publication in the newspapers, provided for in § 81 of the city charter, as affecting her right of appeal given by § 85; and if so, whether the failure of the defendant to publish such notice rendered the proceedings for the establishment of the building line void.
Section 85 gives the right of appeal to any one aggrieved by the order of the common council (board of aldermen) making the assessment, “within thirty days after the doing of the act complained of.”
The act by which the plaintiff was…
2Cases cited5 opinions
- State v. MainSupreme Court of Connecticut · 1897
- Fair Haven & Westville Railroad v. City of New HavenSupreme Court of Connecticut · 1903
- Atwater v. O'ReillySupreme Court of Connecticut · 1908
- Gilbert v. City of New HavenSupreme Court of Connecticut · 1872
- Keating v. MacDonaldSupreme Court of Connecticut · 1900
3Cited by2 opinions
- Aczas v. Stuart Heights, Inc.Supreme Court of Connecticut · 1966
- Thomas Bennett Estate, Inc. v. City of New HavenSupreme Court of Connecticut · 1933