Opinion
OP 20-00737
12-16-2020
IN THE MATTER OF CITY COUNCIL OF CITY OF JAMESTOWN, PETITIONER, v. TOWN COUNCIL OF TOWN OF ELLICOTT AND BOARD OF TRUSTEES OF VILLAGE OF FALCONER, RESPONDENTS. FALCONER CENTRAL SCHOOL DISTRICT, INTERVENOR-RESPONDENT.
PRESENT:
Petitioner having moved in this proceeding, commenced pursuant to General Municipal Law § 712, for an order lifting the stay imposed by order of this Court entered October 6, 2020, and designating a panel of three referees to conduct a hearing and report to the Court on the issue of whether the proposed annexation underlying this proceeding is in the overall public interest, pursuant to GML § 712 (6), and
Respondents having cross-moved to reassemble the panel of referees previously appointed by this Court by order entered June 25, 2018, to permit that panel of referees to consider the testimony and evidence presented at the prior trial that took place on October 9, October 10, and October 11, 2018, and to permit that panel of referees to limit any further proof regarding the proposed annexation in their discretion and in the interest of judicial economy, and
Falconer Central School District having moved to intervene in this proceeding as a matter of right pursuant to GML § 712 (4), and having moved for other relief,
Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,
It is hereby ORDERED that petitioner's motion is denied insofar as it seeks to lift the stay of proceedings imposed by this Court, and the stay of proceeding is hereby continued pending this Court's determination of the appeals from the judgments (denominated orders) entered in the CPLR article 78 proceeding commenced in Supreme Court, Chautauqua County (City of Jamestown v Town Council of the Town of Ellicott, et al., Index No. EK12020000529), and
It is further ORDERED that petitioner's motion is dismissed as unnecessary insofar as it seeks for this Court to appoint a panel of referees, and
It is further ORDERED that respondents' cross motion is denied insofar as it seeks to appoint certain referees, and
It is further ORDERED that respondents' cross motion is otherwise denied without prejudice to respondents applying to the referees, yet to be appointed, for the same relief, and
It is further ORDERED that, the stay of proceedings notwithstanding, Falconer Central School District's motion is granted insofar as it seeks leave to intervene and appear as a respondent, the caption will henceforth list Falconer Central School District as intervenor-respondent, and Falconer Central School District shall file and serve an answer in accordance with the Court's rules on or before January 6, 2021.
Entered: December 16, 2020
Mark W. Bennett
Clerk of the Court