Opinion
No. 114741.
July 20, 2000.
COA: 199518.
On order of the Court, the application for leave to appeal from the February 26, 1999 decision of the Court of Appeals is considered, and it is GRANTED, limited to the following issues: (1) whether the Village of Northport informally accepted the offer of common law dedication; (2) whether the offer of common law dedication lapsed prior to any informal acceptance by the Village of Northport; (3) whether the common law offer of dedication was withdrawn by inconsistent use prior to any informal acceptance of the offer by the Village of Northport; and (4) whether a weighing of the equities in this case requires the removal of all improvements and encroachments from the disputed property.
With regard to all other issues raised by the plaintiffs, the application for leave to appeal is considered, and it is DENIED.
We further ORDER that this case be argued and submitted to the Court together with the case of Kloote and Waalkes v City of Holland (Docket No. 115372), at such future session of the Court as both cases are ready for submission.