Filed Date: 12/17/1980
Status: Precedential
Modified Date: 7/5/2016
Joseph G. Schultz, Esq. Village Attorney Village of Depew
You have asked whether the maintenance and repair of the Sanilac Street bridge, which is located in the incorporated Village of Depew, Town of Lancaster, Erie County, is the responsibility of the Town of Lancaster or the Village of Depew.
The bridge is on St. James Street, a village street, in the Village of Depew and spans Sanilac Street. Mr. Kenneth Reitmeier, Erie County Highway Superintendent, informed this office by telephone that the birdge, in accordance with Highway Law, §
Village Law, §
At the time the Village of Depew was incorporated in 1894, the Village Law required towns to control and supervise bridges unless a village assumed that responsibility (Title VIII, § 27). Each revision of the Village Law has required a village to continue supervision and control of bridges once the responsibility has been assumed (L 1897, ch 414, § 142; L 1909, ch 64, § 142; § 6-604, supra). Mr. Reitmeier has advised us that maps show that the bridge was built between 1908 and 1918. According to your letter of November 13, 1980, the Village of Depew has never assumed responsibility for the bridge.
In your letter you state that the Town of Lancaster assumes that Highway Law, §
We conclude that you are correct in your assertion that the Town of Lancaster has the duty to repair the Sanilac Street bridge located in the Village of Depew.