Towner v. Schoenthal

— Order unanimously affirmed, with costs. Memorandum: Petitioner appeals from the County Court order confirming the jury decision that there was "no necessity” for the private road which petitioner sought to lay out across land owned by respondents James and Judy Schoenthal (Highway Law § 300 et seq.). The County Court is authorized by statute to confirm, vacate or modify the jury decision and "the decision of the county court shall be final” (Highway Law § 312). We conclude that an appeal does not lie on the facts or the law on the issues of necessity and damages but only on whether…