You are here: / / QUESTION OF FACT WHETHER TOWN EASEMENTS ARE SUBJECT TO THE PUBLIC TRUST...
, ,

QUESTION OF FACT WHETHER TOWN EASEMENTS ARE SUBJECT TO THE PUBLIC TRUST DOCTRINE SUCH THAT THE LAND CANNOT BE CONVEYED TO A DEVELOPER WITHOUT LEGISLATIVE APPROVAL; OPEN MEETINGS LAW WAS NOT VIOLATED BY POSTING RELEVANT DOCUMENTS ONLY SEVEN HOURS BEFORE THE TOWN MEETING (FOURTH DEPT).

The Fourth Department, reversing Supreme Court, determined there was a question of fact whether the  public trust doctrine applied to town easements such that the easements could not be conveyed to a developer without legislative approval. The court further held that the Open Meetings Law was not violated by posting relevant documents only seven hours before the town meeting:

… “[A] parcel of property may become a park by express provisions in a deed . . . or by implied acts, such as continued use [by the municipality] [*2]of the parcel as a park” … . “A party seeking to establish . . . an implied dedication and thereby successfully challenge the alienation of the land must show that (1) [t]he acts and declarations of the land owner indicating the intent to dedicate his [or her] land to the public use [are] unmistakable in their purpose and decisive in their character to have the effect of a dedication and (2) that the public has accepted the land as dedicated to a public use” … .

… [P]etitioner alleged in its petition-complaint that the Town Easements were part of the “Auburn Trail linear park” and that they were parkland for purposes of the public trust doctrine. In support of that part of each motion seeking to dismiss the second cause of action under CPLR 3211 (a) (1), respondents submitted the conveyances that created the Town Easements. Inasmuch as those instruments provided that the Town Easements were to be used as a “pedestrian pathway” for “public use” and required the Town to restore the easement property to “a park like condition” after construction of the pedestrian pathway, respondents’ own documentary evidence creates issues of fact whether there was an express or implied dedication of the Town Easements subject to the public trust doctrine. Thus, respondents failed to meet their burden of submitting documentary evidence that conclusively refuted petitioner’s allegations … . In addition, deeming the material allegations of the petition-complaint to be true, we conclude that “the allegations in the second cause of action presented a justiciable controversy sufficient to invoke the court’s power to render a declaratory judgment,” and thus respondents were not entitled to dismissal of that cause of action pursuant to CPLR 3211 (a) (7) … . Matter of Clover/Allen’s Cr. Neighborhood Assn. LLC v M&F, LLC, 2019 NY Slip Op 05280, Fourth Dept 6-28-19

 

/by
You might also like
No Notice of Claim Requirement for Suit Against Sheriff/Sheriff Can Be Liable for Negligently Training and Supervising Deputies/Whether Sheriff Entitled to Governmental Immunity Cannot Be Decided at the Pleading Stage
PLAINTIFFS RAISED A QUESTION OF FACT WHETHER THE CONTINUOUS REPRESENTATION DOCTINE RENDERED THE LEGAL MALPRACTICE ACTION TIMELY; REFERENCE TO THE “ENFORCEMENT” OF THE LOAN DOCUMENTS INDICATED THE POSSIBILITY OF REPRESENTATION AFTER THE DATE OF THE LOAN TRANSACTION (FOURTH DEPT).
FAMILY COURT DID NOT MAKE THE REQUISITE FINDINGS IN THIS CUSTODY MATTER WHERE A GRANDPARENT WAS SEEKING CUSTODY, MATTER REMITTED; ASSUMING FAMILY COURT’S ORDER WAS NOT FINAL, THE NOTICE OF APPEAL WAS DEEMED AN APPLICATION FOR LEAVE TO APPEAL; THE DISSENT ARGUED THE ORDER IS NOT APPEALABLE (FOURTH DEPT).
SUPREME COURT SHOULD NOT HAVE AWARDED SUMMARY JUDGMENT ON A CAUSE OF ACTION (ACCOUNT STATED) NOT RAISED IN THE MOTION PAPERS (FOURTH DEPT).
Motion to Vacate Conviction Should Not Have Been Granted—Hearsay Statement Exonerating Defendant Did Not Meet the Criteria for a Statement Against Penal Interest and Should Not Have Been Admitted—The Underlying Evidence Was Not Newly Discovered Because Defendant Was Aware of It at the Time of Trial–Defendant Did Not Provide the Evidence at Trial Because He Feared Retaliation by Gang Members
Indictment Dismissed after Trial as Multiplicitous and Duplicitous/Grand Larceny Can Not Be Based Upon the Violation of a Regulation that Is Civil in Nature
Escaped Calf Furnished the Condition or Occasion for Plaintiff’s Decedent’s Presence in the Road When She Was Struck, But Was Not the Proximate Cause of Plaintiff’s Decedent’s Being in the Road
ORDER ADJUDICATING DEFENDANT A LEVEL TWO SEX OFFENDER WAS DEFECTIVE; MATTER REMITTED (FOURTH DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

[gravityform id=”1″ title=”false” description=”false” tabindex=”2″]

Copyright © 2022 New York Appellate Digest, LLC
Site by CurlyHost | Privacy Policy

IN THIS CONSTRUCTIVE POSSESSION CASE, THE INVESTIGATOR’S ASKING DEFENDANT... DEFENDANT WAS DENIED HIS RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL, DEFENSE COUNSEL...