Legal Opinion
Town of Guilderland v. Swanson
New York Supreme Court
Decided December 24, 1963PublishedCited by 7 opinions
1Opinion of the CourtIsadore Bookstein, J.
In this action, plaintiff moves for summary judgment for the relief demanded in the complaint.
Subdivision 2 of section 64 of the Town Law provides that a town “may, upon the adoption of a resolution, convey real property in the name of the town, which resolution shall be subject to a permissive referendum.”
Defendants constructed a causeway over a pond owned by plaintiff town.
It appears without contradiction that the Town Board never passed any resolution granting an easement to defendants in and over the pond owned by it and there has never been any referendum on any such resolution.
It also…
2Cases cited4 opinions
- City of New York v. Wilson & Co.New York Court of Appeals · 1938
- City of Princeton v. Princeton Electric Light & Power Co.Court of Appeals of Kentucky · 1915
- Paul v. City of SeattleWashington Supreme Court · 1905
- City of Geneva v. Cayuga Oil Co.New York Supreme Court · 1929
3Cited by7 opinions
- Genesco Entertainment, a Div. of Lymutt v. KochDistrict Court, S.D. New York · 1984
- La Porto v. Village of PhilmontNew York Court of Appeals · 1976
- Moritz v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1977
- Waterside Associates v. New York State Department of Environmental ConservationNew York Supreme Court · 1986
- Weinstein v. CasoNew York Supreme Court · 1973
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