Short v. Town of Rye

This case involves a petition for declaratory judgment, seeking a determination that a certain way has been dedicated as a public street. The issue' on appeal is whether the trial court was correct in dismissing the petition on the ground that it presented an issue which should have been raised as an appeal from a decision of the Rye Planning Board disapproving the plaintiffs’ subdivision plan because the board was uncertain whether the road in question was a public way which could be used as an access road to the subdivision. We reverse.

The plaintiffs are owners of certain land in Rye…