In re Corporation of the City of New-York

Headnote

Before the appointment of commissioners ed estimate and assessment, for larging?’&c.e of cÍty6*of ‘"ivero- York, under the act, sess. 36. ch. 36. s. 177,178. &c. (2 N. R. L. 342; 408. 413.) the Court, on the petition of the corporation of the city, for that purpose, -will order ail further proceedings to be discontinued.

ED WARDS, in behalf of the corporation, presented a . . . . 1 . , 1 petition, praying leave to discontinue all further proceed-7 . . * ., mgs in this matter.

It appeared, that in May term, 1818, the corporation, pursuant to the act, sess. 36. ch. 86. presented their petition .

K 'for t^iiappcfin^ment of commissioners of estimate and assess.’ment, relative*Jo the enlarging, straitening, and improving of Dov'er-St^eei, and for closing a part of the said street; Three commissioners were accordingly appointed, who, in March, 1819, made a representation to the corporation, that they were unable to make the necessary report, for the reasons therein stated, and tendering their resignation. In May term, 1819, new commissioners were appointed, by an order of the Court, who proceeded and made a report of estimate and assessment, and a supplemental report, as to various objections by persons interested subsequently submitted to them. This report, with the supplemental report, objections, &c. was presented at January term, 1820; and the Court, after hearing the parties, refused to confirm the report, and appointed three other commissioners to make the estimate and assessment; but the commissioners so appointed refused to act. On the second day of October last, the mayor, aldermen, and commonalty, in common council convened, passed a resolution, instructing their counsel to apply to the Court for leave to discontinue all further proceeding in the matter of Hover-Street; which resolution was, by their order, published in the city newspapers.

A motion was now made, accordingly, for leave to discontinue the proceedings.

Bogardus, in behalf of several proprietors of adjoining lots, opposed the motion. He contended, that the owners of the lots, which were to be taken for this public improvement, had, in consequence of the proceedings which had taken place, acquired a vested right to compensation, so that the corporation, after having instituted proceedings under the act, and gone on to make the estimate and assessments, had not now power to discontinue. That the corporation, under the act, (sess. 36. ch. 86. s. 177, 178, 179. 2 N. R. L. 342. 408. 413.) had only a delegated power ; and having once passed an ordinance for enlarging and improving the street, they were bound to carry it into effect. After the ordinance had passed, and the property of individuals had been ordered to be taken for the purpose ofmak-

ing the proposed alterations, the owners cojald no loRget-improve or dispose of theiv ldts ; and it would be an act of injustice to them, how, after more than five years1 have elapsed, to discontinue the proceedings, and deny them all compensation. The proceedings under the act, after being approved by the Court, are to be final and'conclusive, arid the corporation have no right to interfere and1 stop them. ( 6 Johns. Rep. 1 .) ¡ '' ■ -■