Walton v. Town of New Hartford, No. 051824 (Feb. 7, 1991)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION The plaintiffs, Robert L. and Linda M. Walton brought this action against the defendants, Town of New Hartford and Alan and Karen Habig seeking an injunction and monetary damages for injury to their property known as lot 16 on Lair Road in the Town of New Hartford. Mr. and Mrs. Habig have filed a third party complaint against James M. and Joanne K. Parsons the former owners of lot 17 on Lair Road, now owned by the Habigs.

On September 10, 1986, Mr. and Mrs. Walton granted an easement to the town…