Oval wood dish liquidating trust
This dispute was settled by way of a 1991 stipulation which required the crossing to be surveyed and a subsequent written agreement which was to be entered into and filed.
It does not appear, however, that such a subsequent survey or agreement were ever filed. Article 15 provides the forum for these decisions, not Article 11, any Article 11 jury encountering these issues would be unqualified to determine necessity until the legal questions are resolved." As such, petitioner urges this court to vacate the jury's determination in this matter, arguing that it was the wrong forum.
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.
On September 7, 8, and 9, 2010, a jury of 12 residents of the Town of Tupper Lake was formed, and a jury trial was conducted.
Pursuant to article XI of the Highway Law, no judge presided over the trial.
In response, counsel for petitioner filed a reply memorandum of law.
Preserve Associates, LLC (hereinafter respondent), commenced proceedings pursuant to Highway Law § 300 et seq., by filing an application for the opening of a private road across the lands of The Nature Conservancy, Inc.At the conclusion of the proceedings, the jury voted and, accordingly, filled in not one, but two, verdict sheets.Counsel for the parties had been unable to agree on the form and substance of a verdict sheet to present to the jury, so each side presented its own.Respondent opposes the relief requested and has cross-moved for an order confirming the verdict of the jury.Respondent sent an application, dated March 18, 2010, to the Superintendent of Highways for the Town of Tupper Lake.