Stuart v. Town of Wells

Appeal from an order of the Supreme Court (White, J.), entered March 8, 1989 in Hamilton County, which, inter alia, granted defendant’s cross motion for summary judgment and made a declaration in defendant’s favor.

Plaintiffs commenced this suit seeking to enjoin defendant, the Town of Wells in Hamilton County, from altering, changing or taking without due process of law a gravel road known as Kibler Point Road. This road runs across a parcel of land which plaintiffs purchased in 1981 adjacent to Algonquin Lake. Allegedly several landowners who own homes or camps *1074along the lake have easements…