Marshall v. Town of Pittsford

Petition unanimously granted, without costs, determination annulled and respondent directed to comply with the public hearing requirements of EDPL article 2. Memorandum: Petitioners seek review of respondent’s determination that a proposed taking of an eight-foot strip along the north edge of petitioners’ property for the purpose of building a sidewalk is de minimis and, hence, not subject to compliance with the provisions of EDPL 206 (subd [D]).

Having considered the quantity of land sought to be acquired, nearly 2,600 square feet of petitioners’ residential lot, and the *1141significant public…