Kubak v. Halsey
New York Supreme Court
Issue of fact tried at Special Term. The plaintiff, asa taxpayer, brings this suit to enjoin the defendants, as town officials .of the town of Southampton, from proceeding with the widening of a highway known as the Old Mill road.
1Opinion of the CourtKelby, J.
It is claimed that the widening involves a taking of yards or inclosnres, and therefore confirmation by the County Court and by the Appellate Division is required by section 200 of the Highway Law. The claim that yards or inclosures, are taken is made only in respect to two out of the many pieces of property along the highway. If the contention were valid, it would not be enough to warrant the halting of the public improvement entirely, but only in so far as it affects the complaining property. Beck v. Gibbard, 140 App. Div. 745. On the evidence it does not appear that there is any reason why…
2Cases cited2 opinions
- Lansing & Allen v. CaswellNew York Court of Chancery · 1834
- Beck v. GibbardAppellate Division of the Supreme Court of the State of New York · 1910