WESTCHESTER v. GREENWICH

(14710)

227 Conn. 495 (1993)

COUNTY OF WESTCHESTER, NEW YORK v. TOWN OF GREENWICH ET AL.

Supreme Court of Connecticut.

Decision released July 28, 1993.


Attorney(s) appearing for the Case

Karl S. Coplan, pro hac vice, with whom were John M. Callagy, pro hac vice, Elizabeth Tyler Grove, Stuart A. McKeever and, on the brief, Edward V. O'Hanlon, John E. Meerbergen, Joyce H. Young, Eve C. Gartner, pro hac vice, William Schwartz, pro hac vice, Chase Rogers and Rosalind Kelley, for the appellants (defendant town of Greenwich et al.).

Marguerite R. Wiess, pro hac vice, with whom were Russell J. Tenenzapf, pro hac vice, and, on the brief, Carol L. Van Scoyoc, pro hac vice, and Marilyn J. Slaatten, pro hac vice, for the appellee (plaintiff).

Karen P. Blado, J. E. Murdock III, Leonard A. Ceruzzi, pro hac vice, and Janet V. Lanigan, pro hac vice, filed a brief for the National Business Aircraft Association et al. as amici curiae.

William E. Hegarty and John B. Conway, pro hac vice, filed a brief as amici curiae.

Richard Blumenthal, attorney general, and Cornelius F. Tuohy, assistant attorney general, filed a brief for the state of Connecticut as amicus curiae.

John S. Yodice, Ronald D. Golden and Raymond C. Speciale, pro hac vice, filed a brief for the Aircraft Owners and Pilots Association as amicus curiae.

PETERS, C. J., CALLAHAN, BORDEN, KATZ and PALMER, JS.


PALMER, J.

The dispositive question in this case is whether the plaintiff, the county of Westchester of the state of New York, has acquired an air navigation (avigation) easement1 by prescription over certain Connecticut property under the laws of this state. This and other questions2 come to this court upon our grant of certification from the United States Court of Appeals for the Second Circuit pursuant to...

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