Hering v. Town of Canandaigua

This action arises out of a dispute over the width of McCann Road in the Town of Canandaigua. The plaintiffs own land on the east side of said road running from the center thereof. Not over 1% rods of plaintiffs’ lands have heretofore been actually used by the town for the purposes of *99said road. When the town sought, last Summer, to use 2 rods of plaintiffs’ land next east of the center line of the road for the purposes of improving the road, the plaintiffs objected, and they instituted this action for a judgment declaring that the road is only 3 rods wide, and enjoining the town from…