Baldwinsville Federal Savings & Loan Ass'n v. Burns Farms, Inc.

John C. Wheeleb,

Off. Ref. In this action for declaratory judgment the material facts are not in dispute. The residence property owned and' occupied by the defendant Edward E. Burns consists of a valuable country dwelling, with extensive acreage, having a frontage of 800 feet on the north side of the Sodus-Alton State Highway No. 104, in the town of Sodus. Across the highway and some 400 feet to the west is a tract of some 30 acres owned by the corporate defendant, Burns Farms, Inc., which corporation is owned and controlled by the defendant Edward E. Burns.

Prior to October, 1953, Mr. Burns…