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Resident and board spar over whether H. Olney Road is a town highway

Italy Town Board ยท January 14, 2025
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Summary

A property owner and board members disagreed on whether H. Olney Road is an official town road; the town attorney said historical use supports town maintenance, the supervisor said records are inconclusive and the highway superintendent said he would resume plowing until further notice.

A dispute over the legal status and maintenance of H. Olney Road drew extended public comment at the Jan. 14 meeting. Property owner Leith MacKenzie said the road has been maintained by the town since he purchased his property in 2017 and cited maps and an older survey; Supervisor Richard Craig said he has not been able to locate paperwork to confirm town ownership or formal dedication.

Town Attorney Ed Brockman told the board he previously advised the town in writing that H. Olney Road is a town road and cited local history indicating longstanding maintenance; Councilmember Malcolm MacKenzie and others noted that many town roads are roads by long use rather than deeded title. Highway Superintendent Andy Best said he has plowed the road during his 10-year tenure and stated, "He will resume plowing until further notice." The board agreed to continue research, warned that litigation could be costly, and noted the highway superintendent retains operational control over maintenance while the legal status is clarified.