LANE v. MOUNT VERNON


38 N.Y.2d 344 (1976)

George M. Lane et al., Appellants, v. City of Mount Vernon, Respondent.

Court of Appeals of the State of New York.

Decided January 8, 1976.


Attorney(s) appearing for the Case

Garry J. Fury for appellants.

Arthur H. Ellis, Corporation Counsel (Mark A. Gross of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur.


FUCHSBERG, J.

In this declaratory judgment action, the question before us is whether the city may impose a "special assessment" charge against plaintiff's property in order to recoup costs it incurred in removing debris from the land, and, if so, whether plaintiff had adequate notice of the charges to be imposed.

Plaintiff's predecessor in ownership permitted an exceedingly hazardous buildup of inflammable...

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