Mastin v. Village of Lima
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed, with costs. Memorandum: Plaintiffs seek the removal of a village water tower and other improvements which they allege were constructed on their property and they also ask for damages in trespass and nuisance. We previously held the case, reserved decision, and remitted the matter because the trial court failed to make factual findings. We said that “[a]bsent findings of fact in support of the court’s conclusion, it is impossible to determine which elements of adverse possession, or of the doctrine of practical location, were lacking.” (Mastin v Village of Lima,…
2Cases cited7 opinions
- Van Valkenburgh v. LutzNew York Court of Appeals · 1952
- Beutler v. MaynardAppellate Division of the Supreme Court of the State of New York · 1981
- Ramapo Manufacturing Co. v. MapesNew York Court of Appeals · 1915
- Van Roo v. Van RooAppellate Division of the Supreme Court of the State of New York · 1944
- Camfield v. Luther Forest Corp.Appellate Division of the Supreme Court of the State of New York · 1980
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3Cited by13 opinions
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- Morris v. DeSantisAppellate Division of the Supreme Court of the State of New York · 1991
- Pegalis v. AndersonAppellate Division of the Supreme Court of the State of New York · 1985
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