The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-02-02
the WEsTCHEsrER RING ENJoINED.

ReItet from Judge Tappen-GOOd news TOT
the West tarms Taxpayers Checking
the OniciaI Bnnditti In the Midst oftheir
OutraRes-Now for an Appeal TO MIR.
Swceuy'- Legislaiure.
la May Of last year the Legislature authorized
Commissioners to lay out certain roads and avenues
In Westchcstcr county. Under this act they began
TO lay out Madison avenue In West Farms, which
they did in the most orbtrary manner. Some prop
erty they paid for the land taken, and some
they did not. The majority Of the property owners
did not want the avenue Among the latter was MIR.
Patrick H. Hanlon.> without consulting him or
those of like mind the Commissioners made out an
estimate Of expense amounting to s3115O, which the
Supervisors included in the tax levy and passed,
although the length Of the avenue is but mile and
qunrtcr. Tie Commissioners then began opera.
tons by blasting at one end OF Mr.. Hsnlons ?-oper
~, and flooding the other end so that lie Is unable
TO improve his land.
Therefore he applied to the Supreme Court, spe.
cial Term Judge Tappcn preceding, for nn inJunc
ton on this ground, and for the reason that the
estimates ore too large, and the county Is already
taxed per cent upon its real and personal property
valuation. The bonded debt Of the town Is $685.
OO0 and the tax levy for the fiscal year s09-7O Is
f9i5 eco while the entire valuation OF the town is
but s3,S16,31)
The act under which the Commissioners are pro.
ccedlng II Clalmcd 10 pc uncOnsttutlOnd lnhsuluCn
rs It docs not define the nature OF the work the
powers delegated TO the Commissioners. These lat
have also acted Illegally in that the accounts have
not been presented to nor audited by the town au-
ditors, has any resolution been passed at town
meeting authorizing the raising Of the money; nor
has any exhibit Of the Improvements or the expense
thereof been rendered to the auditors or to any
town meeting; nor has jury OF freehodeis deter
| mined the damages or the compen sation to be
awarded ~ required by tile Constitution nor docs
the act state the tax ne required by that instrument
The commissioners answer that they have pro
ceedel under the act OF the Legislature, and have
| already done ti5000 worth of work the road
They deny the ilcLuly OF their proceedings. but ad
| nit all the material facts In plaintiffs complaint.
! But Mr. Sebastien Neubcrger comes to the assist
ance OF Mr. HaniJn aud shows that the Commission
ers have greatly injured his property, for which he
paid tlb,DO less than yelr ago, and that they have
CAcavatcd the street right In front OF the Town Hall
aud police station TO the depth OF - feet. thereby
making those places Inaccessible, to the inhabitants.
Judge Tappen, In reviewing the case, said that be
| yond taking the oath OF Office, and making con
| tract for the work the Commissioners have not
done anything TO acquire jursGicton. They bave
| passes partly through private lands.
II Is clear also that the rcquisiton OF the Commis
Without authority at the time 1t was presented to
| amt the resolutions passed by tho Board OF SUI
| utrvirors. The Supervisors, therefore, had no au
thoriiy direct the money 10 be raised, and their
| action on the subject 10 not simply iLeS,l II l.
| wholly void.
The appointment Of the Madison avenue Commls.
sioners, the Judge decides was also uncohsttuuond
20 long as county Commissioners OF Highways were
in tKIstcnce In NCstClo,ter, three Ofwhom belong &c
! West Farms. And lc adds From the facts and the
| law am therefore brought to the conclusion thai
the plaintiff makes out apparent case for equitablC
reef That such reuef in the present aspect OF the
case, only be had by restraining The collection o
defendants except the Receiver VI Taxes Is granted
| wltA CIV costs TO abide the event.