Handley v. Mayor, Aldermen & Commonalty

Headnote

A common law certiorari, is the appropriate remedy to review the proceedings of a municipal corporation in prosecuting a local improvement, or in assessing or collecting the means to complete it. J

Where there exists no other reason than the alleged invalidity of such proceedings, a court of equity will not assume jurisdiction to review them.

The plaintiff averred "in his complaint, that he was the owner of ten "lots of ground on the south side of Fifty-fifth

street, west of the Eleventh avenne, and of six other lots on the southerly side thereof, also west of the Eleventh avenue; that on the 4th of January, 1850, an ordinance was passed by the defendants, directing that Fifty-fifth street, from Tenth avenue to the Hudson river, be regulated and graded under direction of the street commissioner. The complaint also averred that assessors were appointed to estimate the expense of said improvement, and to make an assessment “ upon the owners and occupants of the houses and lots benefited thereby.” The street was regulated and graded by the street commissioner, and an assessment was made, which was duly confirmed by the common council.

It was then alleged that each of the plaintiff’s lots, were assessed at more than one-half of their value as estimated by the assessors for the ward in which the lots were situated. That such assessment was an apparent lien upon the plaintiff’s property, and a cloud upon his title. That such assessment was illegal and void; but the defendants were about to sell the premises assessed, to satisfy said assessment. Plaintiff demanded an injunction restraining the defendants from selling the premises, &c., and prayed that the assessment might be cancelled.

Demurrer by defendants, for that the court had no jurisdiction of the subject of the action, and that the complaint did not state facts, &c.