78 N.Y.S. 737 | N.Y. App. Div. | 1902
The court at Special Term denied a motion made by the city of New York to confirm the report of commissioners of estimate and assessment appointed in-.this matter, which is a proceeding to acquire lands for street purposes, and sent that report back for revision and correction. The decision of the Special Term is placed upon the ground that “ there has been such an unjust discrimination in the distribution of the cost of taking the land and for the land damages involved as- shows that the commissioners have acted on erroneous principles.” An examination of the papers submitted as the record herein abundantly justifies that conclusion.
■ The proceeding was instituted to acquire lands for opening Grant avenue, from East One Hundred and Sixty-first street to East One Hundred and Seventieth street, in the twenty-third ward of the city of New York. The commissioners filed a preliminary report, to which objections were taken by certain property owners, the respondents here. Those objections were heard by the commissioners, but they refused to change their report. The chief objection is that the assessment for benefit has not been fairly and equitably apportioned among all the owners of property benefited in proportion to the benefit derived from the opening of the street. It is quite plain upon the record, in the absence of any explanation, that an inequitable result follows from the action of the commissioners. It appears that property affected by the assessment north of One Hundred and Sixty-fifth street has been assessed out of all proportion to-the apparent benefit which accrues to it, and “ to the great advantage of property south of 165th street.” That is shown by a tabulated statement which was before the court below, and is part of the' record.. It appears that lands located south of One Hundred and Sixty-fifth street are more valuable than those north of that street, and yet. “ the burden of expense of acquiring what the Commissioners determined to be the most.valuable land taken is put upon the owner of land much less valuable.” That, statement is fully sustained by the analysis made by Mr. Justice Lawrence at the Special .Term. The effect of the action of the commissioners is that -property owners north of One Hundred and Sixty-fifth street are awarded only a.
The order appealed from should be affirmed, with costs.
Ingraham and Hatch, JJ., concurred ; Laughlin, J., concurred in result; Van Brunt, P. J., dissented.
Order affirmed, with costs.