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MATTER OF CLINTWOOD ASSOCS. v. COUNTY OF ONTARIO

144 A.D.2d 928 (1988)

In the Matter of Clintwood Associates, Appellant, v. County of Ontario et al., Respondents. Robert L. Lowenthal et al., Intervenors-Respondents

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

November 15, 1988

Judgment unanimously reversed on the law with costs and petition granted, in accordance with the following memorandum: Special Term erred in declaring County of Ontario Resolution No. 408-84 unconstitutional because it violated the gift provision of NY Constitution, article VIII, § 1. Resolution No. 408-84 authorized the abandonment of a portion of the right-of-way of County Road No. 16 to adjacent property owners because it was no longer necessary for highway purposes...

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