Conklin v. Long

Petitioner commenced this proceeding to vacate the determination of Fence Viewers who acted pursuant to certain provisions of article 18 of the Town Law. Subsequently, the United States of America was permitted to intervene. Petitioner and intervenor appeal from an order dismissing their respective petitions.

An intelligent consideration of the contentions of appellants and the legal questions presented requires a preliminary review of the provisions of article 18 of the Town Law. This article deals with at least two separate and distinct subjects. Sections 300 to 309 set forth the duties,…