Legal Opinion
Marchand v. New York State Department of Environmental Conservation
New York Court of Appeals
Decided June 27, 2012PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
We hold that a private road cannot become a public street pursuant to Village Law § 6-626 if the street is not maintained and repaired by the village.
Ronald and Margaret Marchand own property in the Village of Bayville through which runs a dirt road referred to by several names, one of which is the “Travelled Way.” The Marchands assert that the road is private property, while the Village says that it is a village street. This litigation began when the Village *619obtained a permit from the Department of Environmental Conservation (DEC) to do drainage work under the…
2Cases cited8 opinions
- Speir v. . Town of New UtrechtNew York Court of Appeals · 1890
- People v. SutherlandNew York Court of Appeals · 1929
- Impastato v. Village of CatskillAppellate Division of the Supreme Court of the State of New York · 1976
- Jakobson v. Chestnut Hill Properties, Inc.New York Supreme Court · 1981
- Impastato v. Village of CatskillNew York Court of Appeals · 1978
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Wagner v. Crossland Construction Company, Inc.North Dakota Supreme Court · 2013
- Matter of Carnelian Farms, LLC v. LeventhalAppellate Division of the Supreme Court of the State of New York · 2017
- Kingsley v. Village of CooperstownAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Soldatenko v. Village of Scarsdale Zoning Bd. of AppealsAppellate Division of the Supreme Court of the State of New York · 2016
- Kingsley v. Village of CooperstownAppellate Division of the Supreme Court of the State of New York · 2013
2 more not listed; retrieve them via the Exa API.