SWEENEY v. MURPHY


39 A.D.2d 306 (1972)

John M. Sweeney et al., Appellants-Respondents, v. Robert E. Murphy et al., Respondents-Appellants, et al., Defendants

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

July 6, 1972.


Attorney(s) appearing for the Case

Basloe, Basloe & Gallagher (Irving M. Basloe and Evalyn G. Basloe of counsel), for appellants-respondents.

Philip D. O'Donnell for respondents-appellants.

GOLDMAN, P. J., DEL VECCHIO, WITMER and HENRY, JJ., concur.


MOULE, J.

This appeal presents the question of whether sections 300 through 309 of the Town Law are unconstitutional so far as they pertain to the facts in this case.

Plaintiffs reside on 158 acres of land which they own in the Town of Fairfield, New York. They keep no livestock on their land, only 10 acres of which are under cultivation. Their lands are bounded on the north, and partially on the east...

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