New York Court of Appeals
In the Matter of the Application of Thomas T. Church for the Appointment of Commissioners
March 20, 188392 N.Y. 1
Summary
The Court of Appeals held that the 1881 act granting county boards authority to lay out streets and appoint commissioners is a general law, not a prohibited local law, and therefore constitutional. It affirmed the Supreme Court’s jurisdiction to appoint commissioners to assess damages and confirmed that the assessment scheme provides adequate compensation, satisfying the constitutional prohibition against taking property without compensation.