Hawley v. Town of Aurora

Appeal unanimously dismissed, with costs to respondents. Memorandum: This article 78 proceeding was brought by petitioners, who own land along Mill Road in the Town of Aurora, alleging that the road had become impassable and they seek to compel respondents to maintain it as a town highway.- Repondents, alleging that it had been abandoned, moved to dismiss on the grounds that the petition failed to state facts sufficient to entitle petitoners to the relief requested, that the proceeding was barred by the Statute of Limitations and by petitioners’ loches. Without obtaining permission…