Summary
In Wells v. City of Buffalo (80 N.Y. 253), a similar action to the last, it was held that the complaint was properly dismissed, RAPALLO, J., saying: "If the act is unconstitutional, no assessment imposed under it can be a cloud upon plaintiff's title. It is void upon its face."
Summary of this case from Phelps v. Mayor, Etc., of New YorkOpinion
Argued February 6, 1880
Decided February 24, 1880
Frank M. Loomis, for appellants.
P.A. Matteson, for respondent.
The sole ground upon which the assessment complained of is sought to be set aside being that the act authorizing it is unconstitutional, this action cannot be maintained. If the act is unconstitutional no assessment imposed under it can be a cloud upon the plaintiffs' title. It is void upon its face. If the act is constitutional the assessment is valid. In either case, therefore, the complaint was properly dismissed. ( Stewart v. Palmer, 74 N.Y., 183.)
The judgment should be affirmed, with costs.