Town of Mentz v. Department of Transportation

Judgment unanimously vacated, without costs, proceeding converted *871to an action for declaratory judgment, and judgment granted, in accordance with the following memorandum: Haiti Island is located in the Town of Mentz in Cayuga County and is surrounded by the waters of the Barge Canal and the Seneca River. Approximately 23 families reside on the island. Prior to 1964 a bridge on State Route 38, spanning both the Barge Canal to the south and the Seneca River to the north, connected the island to both shores of the mainland. Reconstruction and realignment of Route 38 was commenced in 1964 and…