Hayes v. Village of Middleburgh

Appeal from an order of the Supreme Court (Connolly, J.), entered September 4, 2014 in Schoharie County, which denied plaintiff’s motion to vacate a prior order of the court.

In February 2000, plaintiff purchased a vacant parcel of land located at the southern terminus of a dead-end street (Baker Avenue) in the Village of Middleburgh, Schoharie County, intending to cultivate a garden and to grow produce for both personal consumption and sale. The parcel was separated from Baker Avenue by a small stream, commonly known as Stony Creek. Prior to purchasing the property, plaintiff was aware that a…