Legal Opinion
O'Leary v. Town of Trenton
New York Supreme Court
Decided March 31, 1997PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
John L. Murad, J.
This case requires the court to determine when a highway easement becomes abandoned. Stated from another perspective, the question becomes: when does a landowner resume the right to exclude the public from a roadway obtained by easement?
*448Many years ago, the Town of Trenton obtained an easement for a highway across plaintiff’s property. Between 1850 and 1965, the State of New York took over the maintenance of the road which ran between the Village of Prospect to the west, and the Hamlet of Hinckley to the east. Plaintiff’s property straddles approximately…
2Cases cited10 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Barnes v. Midland Railroad Terminal Co.New York Court of Appeals · 1916
- Town of Leray v. New York Central RailroadNew York Court of Appeals · 1919
- Mangam v. President & TrusteesAppellate Division of the Supreme Court of the State of New York · 1898
- Mangam v. President and Trustees, Village, Sing SingNew York Court of Appeals · 1900
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3Cited by1 opinion
- Smigel v. Town of RensselaervilleAppellate Division of the Supreme Court of the State of New York · 2001