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HERING v. TOWN OF CANANDAIGUA

52 Misc.2d 98 (1966)

Walter E. Hering et al., Plaintiffs, v. Town of Canandaigua et al., Defendants.

Supreme Court, Ontario County.

November 29, 1966

Attorney(s) appearing for the Case

William G. Scott for Town of Canandaigua, defendant. William L. Clay for plaintiffs.

G. ROBERT WITMER, J.

This action arises out of a dispute over the width of McCann Road in the Town of Canandaigua. The plaintiffs own land on the east side of said road running from the center thereof. Not over 1½ rods of plaintiffs' lands have heretofore been actually used by the town for the purposes of said road. When the town sought, last Summer, to use 2 rods of plaintiffs' land next east of the center...

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