Legal Opinion
Chanson v. Town of Homer
New York Supreme Court
Decided July 9, 1986PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Robert E. Fischer, J.
In this action for a declaratory judgment, plaintiff addresses the abandonment of a town road by the defendant and the defendant’s declination to issue plaintiff a building permit. The defendant moves to dismiss the complaint as barred by a provision of the Highway Law which it deems to be a Statute of Limitations (CPLR 3211 [a] [5]).1
For purposes of this motion only, the facts set forth by the plaintiff are taken to be true. Plaintiff asserts that in August 1982 plaintiff purchased 143 + acres situated astride the Heath Back Road in the defendant…
2Cases cited17 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Lanza v. WagnerNew York Court of Appeals · 1962
- Hotel Dorset Co. v. Trust for Cultural ResourcesNew York Court of Appeals · 1978
- Romano v. RomanoNew York Court of Appeals · 1967
- In re the Foreclosure of Tax LiensAppellate Division of the Supreme Court of the State of New York · 1984
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3Cited by3 opinions
- Daetsch v. TaberAppellate Division of the Supreme Court of the State of New York · 1989
- Faigle v. MacumberAppellate Division of the Supreme Court of the State of New York · 1991
- Grosz v. Town of South BristolNew York Supreme Court · 1999