Ordered that the order is affirmed, with costs.
The petitioners claim that the respondent Town Board's apportionment of the costs of the sewer improvement is not in just proportion to the amount of benefit which the sewer confers on their respective plots. In evaluating whether a parcel is being benefited by a public improvement, the test is not how the land is presently being used, but whether the improvement generally enhances the property (see, Matter...
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