This matter arose out of the Plaintiff’s appeal of the Defendants’ approval of a subdivision application of Co-Defendants, Mr. and Mrs. Soufrine. The Plaintiff argued that the Defendants’ failure to require the discontinuance of a driveway between the subdivision and the neighboring property owned by the Plaintiff, was illegal arbitrary and an abuse of the Defendants’ discretion. In representing the Town, H & S was successfully able to have the appeal dismissed on the grounds that the Defendant Town has no authority over land which was not part of the subdivision application and as such, could not require the discontinuance of a driveway.