In re the Laying Out of a Town Highway in Town of Brutus

Determination of the Town Board of the Town of Brutus annulled and proceeding dismissed, without costs. Memorandum : The evidence failed to establish that the public required the proposed new highway or that it is necessary for the community. (Matter of Ballston Town Highway, 281 N. Y. 322, 328.) The Town Board erred seriously in not receiving evidence proffered by the railroad companies as to the cost of the proposed new highway. (Matter of Delavan Avenue, 167 N. Y. 256, 260.) The determination of the Town Board should be annulled. All concur. (The decision of the Town Board of the Town of…