Opn. No.

Paul G. Weiner, Esq. Town Attorney, Milan

You have written in relation to a dispute between the town which you represent and an owner of land abutting a town highway concerning the width of that highway and the propriety of certain repairs and maintenance performed by the town on such road.

Your letter indicates that in 1957 the road in question was widened by the town to its present width of 16 feet with 5 foot shoulders. In 1981, the landowner widened a pond, which we assume is located on his property, onto the existing shoulder of the road and, in certain places, to within several inches of…