GROSZ v. TOWN OF S. BRISTOL


182 Misc.2d 61 (1999)

697 N.Y.S.2d 812

DONALD D. GROSZ et al., Petitioners, v. TOWN OF SOUTH BRISTOL, Respondent.

Supreme Court, Ontario County.

July 28, 1999.


Attorney(s) appearing for the Case

Fredrick G. Reed for petitioners.

Lawrence, Werner, Kesselring, Swarthout & Brown, L. L. P. (Jeffrey D. Graff of counsel), for respondent.


OPINION OF THE COURT

JAMES R. HARVEY, J.

Petitioners bring this article CPLR 78 petition to challenge respondent's action in declaring the eastern portion of School House Road "qualified abandoned." The road had previously been classified as "abandoned". The change in classification allowed the road to be opened to the public. Petitioners contend that once the town declared the road abandoned, the road became...

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