Delhi bridge responsibility of town, not village

Supreme Court Justice Molly R. Fitzgerald has ruled that the Woolerton Street Bridge is the responsibility of the town of Delhi, not the village. This case began with an Article 78 filed by the village against the town. Article 78 in this case was used to compel the town to do what they are supposed to do in maintaining the bridge. David Merzif, representing the village cited a similar case involving a bridge in Chestnut Ridge which concluded that a bridge is a span that goes over a stream and the town is responsible for it unless the village voluntarily takes responsibility. Delhi Supervisor Peter Bracci said there will be a special meeting of the Delhi Town Board to discuss the decision and look into starting the appeals process. There is also more debate involving the length of bridge and how it could possibly affect its classification. Lois Ray, chairwoman of the bridge committee, said that the committee is attempting to have the bridge rebuilt to county specifications so that it will become a county bridge, relieving both the town and village of any maintenance responsibility. 

Read full article here.

To read about Article 78 cases go to http://www.sheerinlaw.com/?id=78.

For other interesting information in the personal injury file go to www.negligenceatty.com.

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