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DUTCHER v. TOWN OF SHANDAKEN

23 A.D.3d 781 (2005)

803 N.Y.S.2d 756

PAUL DUTCHER et al., Appellants, v. TOWN OF SHANDAKEN et al., Respondents.

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

November 10, 2005.

Mugglin, J.

Plaintiffs are the owners of a parcel of real property fronting on Fox Hollow Road in the Town of Shandaken, Ulster County, consisting of plaintiffs' residence and tree nursery business (hereinafter property No. 1). Plaintiff Paul Dutcher also owns a second parcel to the south (hereinafter property No. 2) which, although generally unimproved, is often utilized in plaintiffs' nursery business. Plaintiffs claim that defendant County of Ulster, by installing...

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