In Romanoff v. Village of Scarsdale , Tanya Romanoff's property abutted Bansom Road, which had been dedicated to the Village of Scarsdale by a private developer. A 27-foot portion of that road was wooded and unused. When the Westchester Reform Temple got the Village 's permission to open the unused component to emergency-vehicle access, Romanoff filed suit asking a court to declare her the owner of the disputed area.
After the Westchester Supreme Court denied her request for relief, she appealed to the Appellate Division, Second Department, which found the property belonged to the Village and was never "abandoned." ("Here, the dedication instrument operated as a deed from the owner expressly conveying a fee interest in the Village , rather than an easement.")
Only the Court of Appeals could convert this into a victory for Romanoff now.
To download a copy of the Appellate Division's decision, please use this link: Romanoff v. Village of Scarsdale