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KNAPP v. FASBENDER

278 A.D. 970 (1951)

Arthur E. Knapp et al., Appellants, v. Walter Fasbender, Individually, as Supervisor of The Town of Huntington, and as a Member of the Board of Trustees of the Said Town, et al., Respondents. (Consolidated Action.) In the Matter of Henry J. Wolff et al., Appellants, v. Walter Fasbender et al., Constituting The Town Board of the Town of Huntington, Suffolk County, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 21, 1951.

The fact that the trustees as such had or have the power to hold town property does not empower them to acquire real property without compliance with sections 81 and 220 of the Town Law. The trustees were, therefore, without authority to purchase and maintain the beach and were without jurisdiction to do that which they did. This could be done pursuant to section 64 of the Town Law, only by the town board and then only upon approval...

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