· 12/10/1956
Nelson v. City of New York
Citations
- 352 U.S. 103
- 77 S. Ct. 195
- 1 L. Ed. 2d 171
- 1956 U.S. LEXIS 34
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that notice of foreclosure was sufficient because the city had \taken steps to notify appellants of the arrearages and foreclosure proceedings and their agent having received such notices\
- stating that “relief from the hardship imposed by a state statute is the responsibility of the state legislature and not of the courts”
- noting that the relevant ordinance did not preclude the owner from obtaining surplus proceeds
- finding no Takings Clause violation because New York City had a process for returning surplus value after it sold foreclosed property
- finding that because the New York City ordinance did not absolutely preclude an owner from obtaining the surplus proceeds of a judicial sale, but instead simply defined the process through which the owner could claim the surplus, we found no Takings Clause Violation
- rejecting a similar argument that municipal authorities “should have known from the state of the records . . . that mailed notice would probably be ineffective.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Warren
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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