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O'BRIEN v. THE TOWN OF HUNTINGTON, et al.

Wednesday, February 13, 2002

Supreme Court
Suffolk County
Justice Catterson
O'BRIEN v. THE TOWN OF HUNTINGTON, et al."UPON DUE DELIBERATION on the relevant submissions on the framed issue as well as the evidence adduced at the hearing hel.....

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Wednesday, February 13, 2002

Supreme Court

Suffolk County

Justice Catterson
O’BRIEN v. THE TOWN OF HUNTINGTON, et al.“UPON DUE DELIBERATION on the relevant submissions on the framed issue as well as the evidence adduced at the hearing held in this Court on January 31, 2001, the issue of whether the complaints must be dismissed for failure of the various plaintiffs to name the Board of Trustees of the Town of Huntington as a necessary party, is decided as follows:
The plaintiffs in these six cases brought various causes of action to establish their claim and title to approximately 124.5 acres of undeveloped and wooded property located within the defendant Town of Huntington (hereinafter referred to as “the Town”). The impetus for these six cases occurred on July 25, 1972 when the Board of Trustees of the Town of Huntington (hereinafter referred to as “the Board of Trustees”) adopted a resolution declaring their ownership of the real property in issue, over two hundred years after the bulk of the Town lands were obtained through royal patent. Thereafter, public notice was posted on the affected land whereby the Trustees claimed ownership of the subject parcels for the people of the Town of Huntington. Seven distinct civil actions followed, six of which are before this Court. 1

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