Oval wood dish liquidating trust
The jury determined that it was necessary for respondent to lay a private road over petitioner's property and assessed the damages for doing so in the amount of ,000.The jury also determined, pursuant solely to respondent's verdict sheet, that respondent could install an underground electric line beneath the private road.
Petitioner now moves, pursuant to Highway Law § 312, to vacate or, in the alternative, to modify, the jury determination in this matter.
The Moody Pond Parcel is part of a proposed resort development commonly referred to as the Adirondack Club Project.
Respondent is currently a purchaser under contract with the Oval Wood Dish Corporation Liquidating Trust (hereinafter Oval Wood Dish), to purchase approximately 5,800 acres to be utilized for the Adirondack Club Project.
The court will address each prong of petitioner's motion and, in so doing, touch upon the response of the respondent, as needed.
Petitioner argues that respondent failed to meet its burden of proving that the requested road is necessary in order to provide access to the Moody Pond Parcel.
First, petitioner argues that such a road is not necessary until the respondent can show that a recorded 1920 right of way does not provide access to the Moody Pond Parcel.