Opn. No.

John B. Folmer, Esq. Cortlandville Town Attorney

You request our opinion whether a town board may exclude vehicles from highways in a town and if so, what vehicles and under what circumstances.

This opinion does not apply in the event of highway construction, reconstruction or repair or in cases of sudden, unforeseeable emergencies such as accidents, washouts, etc.

In People v Grant, 306 N.Y. 258 (1954), it was stated, at page 260:

"Streets pertain to the exercise of a governmental function [citations omitted]. Political subdivisions and municipal corporations hold the fee of streets for the…