Marchand v. State Dep’t of Envtl. Conservation

Ronald and Margaret Marchard owned property in the Village of Bayville through which runs a dirt road called the Travelled Way. The Marchands asserted that the road was private property, while the Village maintained that it was a Village Street. Supreme Court, after a non-jury trial, entered judgment in favor of the Village, declaring that the Travelled Way was a Village street. The appellate division affirmed. The Court of Appeals reversed, holding (1) a road is not public unless the public takes responsibility for maintaining and repairing it; and (2) because the Village had not maintained or repaired the road, the Travelled Way was a private road and not a Village street. View "Marchand v. State Dep't of Envtl. Conservation" on Justia Law