Letter to the Editor
Town board made right call on status of Oak Hills roads

To the Editor:

The vote by the Town Board on Sept. 6 acknowledged that the Oak Hills Association was correct in asserting that the NYS Highway Law section 189 was clear: The Oak Hills Roads are clearly “public highways by use” and entitled to be treated as any other road within the Town of Riverhead.

Courts have set a high bar for eligibility to qualify as a “highway by use.” Oak Hills met all necessary standards.

At the public hearing on Dec. 2, 2014, sworn testimony and over 50 notarized depositions by residents presented evidence as to regular services provided for decades, including repairs, maintenance, and numerous other services. Roads were always open to the public. Not one of the claims was ever disputed or contested.

Later that year the town board adopted resolutions that recognized the Oak Hills roads met the eligibility requirements of NYS 189.

There have been several interesting court decisions regarding 189 highways by use. The definitive decision by the N.Y. State Supreme Court, Appellate Division – Impastato v. Village Of Catskill — reversed a previous court decision and set the standard for future court actions.

The case was brought by residents of Grandview Avenue in Catskill (a dead-end road) and the court decided that plaintiffs demonstrated the required public use and control by the village and were entitled to a judgment declaring the road to be a public road and directing the Village to maintain it as such. The court further awarded court costs to be paid by the village to the plaintiffs.

Ed Goldstein
Oak Hills, Baiting Hollow

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