New York Court of Appeals

The People, Ex Rel . Griffin v. . the Mayor, C. of Brooklyn.

April 5, 18514 N.Y. 419

Summary

The New York Court of Appeals reversed the Supreme Court and affirmed that a municipal statute authorizing grading and paving of streets and assessing the expense upon owners and occupants who benefit, in proportion to that benefit, is a constitutional exercise of the power of taxation, not eminent domain, and therefore does not violate due‑process or the takings clause.