The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-04
SUPREME CpUaT-;psClAl TERM.
The Rcpaving Of Aiiantic Street-BIotion to
vacate the Assessmcni-Unarges Of Fraud
Against the Water Board.
Rerora Judye PRATT

The Rcpaving Of Atlantic Street-gIoiion TO
vacate the ACKNOWLEDGEMENT Of Fraud
Against the Water Board.
Before Judge Pratt.
william A. Colt brought suit against the city to
vacate the assessment Tor icpavng Atlantic street
from Henry street TO Flatoush. Mr.. Colt is the
owner OF certain lots on the street, when he de-
cares have been assessed 1881 and the assessment
confirmed. Tue case came on for hearing yester.
day morning. In his petition to the Court Mr. Colt
charges that the advertising lOr proposals by the
Water Board Tor the iepavlng OF Atlantic street
with rhe Nicolson pavement was mere form ana
preence the ART Of the Wafer Board, and resUr,.
ed TO not Tor tue purpose OF OD,atDlng proposals
for dong such. or OF saDJectng the same TO pubic
composition, or OF ascertaining the lowest respon-
sole Older, ont as means OF giving color to
rangemelt wnlch inc noard had previously made
win lne Nicoson Pavement Company, 10 have the
work oil rcpavIng done by that company. Inc work
OF repavlng was awarded to the NIcolson Pavement
Company, Notwithstanding there weic uids by John
Leecn, u. K. Sturgis, wliiam sweeney, William
MOCK, X o. Flanders and Mullen from forty TO
ranged by the Board with the Nlcoson Pavement
Company Us the price w which The work should pe
The release OF the brooklyn and Jamaica Railroad
from all the expense Of the repaylng L charged to
be IN derogauon OF the rights OF the petitioner and
Contrary 10 Law. Inc Contract Tor the NlColson
pavement Is charged 10 have Deen not In good faith,
nor IN the bona I'd exercise CT the dlscre ION vested
In the Water Board. and tnoir Adoption OF that knd
OF pavement, and their causing Atlantic street TO
be repaved with that, are SAID 10 ue corrupt aud
Toe petition further sets forth the following frauds
and legal irregularities alleged TO have oeen con-
rst-Al proceedings OF the Water Board were
invalid, for the reason mat HE act OF AprI 1862
was Unconstitutional and void.
SeGOnd-AssumnB that the act Of April 2, 1860 IA
valid the pi oceedings OF the commissioners were
invalid. l. 10 upoera king the repavng without
any Betltion by majority or the owners or the land
along that street. 2 IN undertaking the repaving
OF Inc street without some Official declaration on
Their part that Inc public wants or convenience re.
IN 4. q. NicOlaOu ma 4
the pavement with winch TO repave the street, that
being patented pavement, not open to public com.
petition In entering mic contract for the Nlcol-
pavement al an excessive price. and az q price
greater than II was reasonably worth. 6. In eDter-
the, mad received proposals, according 10 the al.
vertisements Tor the same. from responsible per.
the contract price OF the Nicolson pavement. O. In
entering into contract Tor the work and materials
or Glao my nanv street %G Without navng ga.
the ninth section OF the act IN reference to this work
and materials .: In iainng 10 fixing the limit or
nate between the Iucal benefits resulting there.
from and the benefit conferred upon the puuic
trict Of assessment so that the properly Of the
brooklyn and Jamaica Railroad Company should he
assessed lo Its due proportion Of the EXPENSE OF inc
repav,ng 10. In exemptng the Brooklyn v and
Jamaica Railroad Company from the Whole Of such
eSpsnss aa and ~
trict OF assessment SO that the whole expense or
such repaivng' &C., Should DO tnrown upon the
deptn OF 100 icet. ~. In udlng in the expense
OF such retsvlng the following ilems:--
sss sss:Ii ss'si e sss
e5v 1hea ieet OF new curt SCI al sJc 4
s2ls square feet new bridge stone aid, al 49,. Qbs
lbt square ieei Second cis stoue LAID, at DC .,. IA
Sos square ieet old briggs stone relad at 81 ll go
1hspection engineering, assessment maps, resetling
rnsnhoe beads, u 24
bbieTest 1919
And u3l In mol crediiDg against the expense OF
such repavial the value oi the cobpestones taken
from the street.
Tara-Thc expense OF the repayin9 has been un.