Schulz v. Town Board of Queensbury

I respectfully dissent. I would find that plaintiffs’ claim is properly the subject of a declaratory judgment action and thus timely commenced within the six-year limitations period (CPLR 213 [1]).

Plaintiffs contend that Resolution No. 252, permanently closing what was previously a public highway, is an ultra vires legislative enactment. Specifically, they argue that Highway Law § 171 (2), under which defendant Town Board of Queens-bury purported to act, governs only the closure of “highways by dedication” and not “highways by use”, such as Fuller Road, and thus the resolution was an invalid…