Graff v. Town of Darien

OPINION OF THE COURT

Joseph G. Fritsch, J.

This proceeding is brought pursuant to CPLR article 78 against the Town of Darien and its highway superintendent. The petitioner seeks a judgment declaring the abandonment of a town highway to be null and void. The respondents’ third affirmative defense, as contained in both its answer and amended answer, maintains that the present application and petition is barred by the Statute of Limitations, as contained in section 205 of the Highway Law and other applicable time limitations. This decision by agreement with both counsel is limited solely as to…