Sweeney v. Murphy

This appeal presents the question of whether sections 300 through 309 of the Town Law are unconstitutional so far as they pertain to the facts in this case.

Plaintiffs reside on 158 acres of land which they own in the Town of Fairfield, New York. They keep no livestock on their land, only 10 acres of which are under cultivation. Their lands are bounded on the north, and partially on the east, by 200 acres of land owned and occupied by defendants, who operate a dairy farm and graze 110 milking cows. The common boundary is approximately 2,200 feet in length.

Section 300 of the Town Law provides…