Board of Education v. Nielsen

In this action by a school district for an injunction, it seeks to restrain the defendants from interfering with its right to use a private right of way, which in part traverses defendants’ land.

The parties are adjacent land owners in the Village of Lattingtown, the plaintiff’s property, hereinafter called the Main Parcel, consisting of slightly less than 12 acres on which is situated a large mansion known as “ The Gables ”. This has been converted recently to use as a public school.

The defendants’ property, which we will hereafter call the Cottage Parcel, is approximately 2 acres in size and…