Bogner-Seitel Lumber Co. v. Town of Liberty

May a town be compelled to clear an overgrown strip of land and construct and maintain a paved public road on that land once it accepts a deed to the strip of land for highway purposes from a private landowner?

By this CPLR article 78 proceeding in the nature of mandamus petitioner, Bogner-Seitel Lumber Company, Inc. (a New York corporation with its principal place of business at 76 John Street, Monticello, Sullivan County, New York), seeks to compel Edward "Mike” Kelly (Liberty Town, New York State, *752Highway Superintendent), and Liberty Town (an incorporated municipal subdivision of Sullivan…