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Shopping center counsel asks Valley Stream to relocate fence; general counsel to research adverse possession
Summary
A shopping-center representative requested relocation of a 20-by-265-foot fence at Merrick Park and said the owner pays taxes on the strip; village general counsel said he will review whether adverse possession applies and report back at a future meeting.
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Representatives for the Municipal Shopping Center asked the Valley Stream Board of Trustees to relocate a fence and restore the property line in an area behind the shopping center.
The center’s counsel told trustees the disputed strip measures about 20 feet by 265 feet and that the owner pays taxes on the area, but does not possess it physically. "They have to pay tax on it. They already paid tax on it. They're paying taxes on it and they don't have possession of it," the shopping-center attorney (S7) said during the Jan. 26 meeting.
Village general counsel, Michael (S6), told the board he would evaluate whether an adverse-possession claim could apply based on the survey provided and would consult staff and return with a recommendation at a subsequent meeting. "I'll take a look at it... I'll speak to the people who worked down at the program, and then I'll get back to this," Michael said.
Trustees asked for the survey and additional background; the chair directed the matter to return after legal review.

