Legal Opinion
Opn. No.
New York Attorney General Reports
Decided November 3, 1992Published
1Opinion of the Court
Requestor: Jens G. Lobb, Esq., Town Attorney Town of Catskill 439 Main Street Catskill, N.Y. 12414
Written by: Patrick Barnett-Mulligan, Assistant Attorney General
This is in response to your letter inquiring as to a town's authority to remove obstructions which are placed in, or near, the right-of-way of a town highway which has been obtained by use pursuant to section 189 of the Highway Law.
Your letter notes that seven or eight years ago, a homeowner on the roadway in question installed wooden posts (approximately 4" x 4") along the roadway 18 inches from the paved portion of the highway. The…
2Cases cited5 opinions
- Farnsworth v. . Boro Oil Gas Co.New York Court of Appeals · 1915
- Schillawski v. State of New YorkNew York Court of Appeals · 1961
- Nikiel v. City of BuffaloNew York Supreme Court · 1957
- Van Allen v. Town of KinderhookNew York Supreme Court · 1965
- Years v. WaiteNew York Supreme Court · 1958