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STATE OF NEW YORK v. TOWN OF HORICON

46 A.D.3d 1287 (2007)

848 N.Y.S.2d 770

STATE OF NEW YORK et al., Respondents, v. TOWN OF HORICON et al., Appellants.

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

Decided December 27, 2007.

Crew III, J.

In September 2002, respondents enacted Local Law No. 2 (2002) of the Town of Horicon, which opened eight routes traversing state forest lands in Warren County for use by allterrain vehicles (hereinafter ATVs). This enactment was preceded by a 1999 proposal and an earlier 2002 enactment (see Local Law No. 1 [2002] of Town of Horicon), both of which met with stiff opposition by petitioners.

Shortly thereafter, petitioners commenced this combined...

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