Somers v. Shatz
Oct 11, 2005OUTCOME: Affirmed on appeal
Represented plaintiffs in land-use matter; sought and obtained temporary restraining order in Supreme Court, Dutchess County (Justice Brands) and sought declaratory judgment prohibiting adjacent golf c ... ourse, as owner of easement on property, from entering the easement to remove trees or shrubbery. Golf course owner filed counterclaim for judgment declaring that it was entitled to enter property to remove the trees. The Supreme Court, Dutchess County, (James V. Brands, Justice), granted plaintiff summary judgment. On golf course owner's appeal, the Supreme Court, Appellate Division, held that defendant was not entitled to enter property to remove trees.
