New York Court of Appeals

Sarah Merritt, Appellants v. the Village of Portchester, Respondents

November 27, 187771 N.Y. 309

Summary

The New York Court of Appeals reversed the lower court, holding that the commissioners' failure to take the statutorily required oath and their omission of a proper oral hearing invalidated the assessment proceedings, that the plaintiffs did not waive these defects by earlier objections, and that statutes affecting property rights must be strictly complied with.