Druke v. Town of Newfane

The plaintiffs own land in the town of Newfane that is adjacent to a popular swimming hole, known as the Williamsville swimming hole. Since 1971, the plaintiffs have objected to the indiscriminate use by the general public of an access route across their land to the swimming hole. In 1973, they instituted this civil action against the defendant-appellees to declare invalid the public right of way claimed by the defendants, or, in the alternative, to enjoin the indiscriminate use of the access by the general public. In their answers, the defendants claim to have acquired a right to use the…