Ambassador Mgmt. Corp. v. Inc. Vill. of Hempstead
| Decision Date | 17 October 1946 |
| Citation | 296 N.Y. 666,69 N.E.2d 819 |
| Parties | AMBASSADOR MANAGEMENT CORPORATION v. INCORPORATED VILLAGE OF HEMPSTEAD, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from Supreme Court, Appellate Division, Second Department, 270 App.Div. 898, 62 N.Y.S.2d 165.
Action by the Ambassador Management Corporation and others against the Incorporated Village of Hempstead to set aside certain assessments for public parking space as invalid. The complaint alleged six causes of action. The facts alleged as to each of the three plaintiffs were substantially the same, except as to parcels of real property involved and the amounts of assessments.
The question involved was the power of the defendant village to levy a local assessment for the cost of land to be used as a parking space.
In 1940 the defendant instituted proceedings pursuant to article 14 of the Village Law, Consol.Laws, c. 64, to acquire certain land within the block bounded by Fulton, Main, Front and Washington Streets in the Village of Hempstead, for a parking space. Commissioners of Estimate were appointed and thereafter made awards to the owners of the property acquired, totaling $368,951.19. Their report was confirmed on July 19, 1943.
Plaintiff contended that the defendant had no power to assess the cost of the acquisition of real property for a parking space on a limited area of assessment; that the area should have included all the real property contained within the territorial limits of the village; that if there was any power vested in the defendant by the statute to assess for benefit the cost of acquisition of real property for parking space on real property within a limited area, such statute was in contravention of section 11 of article 1 of the Constitution of the State of New York, and Amendments 5 and 14 of the Constitution of the United States.
The Village Law, article 14, section 306, defined ‘highway’ as including a ‘parking space.’ Section 307 provides that when a village is authorized to acquire real property for a parking space ‘the cost of acquisition of such real property, or a protion of such cost, may be assessed upon real property, benefited by the improvement in accordance with the provisions of this article.'
From an order of the Special Term, 186 Misc. 74, 58 N.Y.S.2d 880, directing judgment on the pleadings in favor of defendant, and dismissing their complaint, and from the judgment entered pursuant to such order, the plaintiffs appealed. The order and...
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