From Casetext: Smarter Legal Research

Matter of Common Council v. Town Board

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 903 (N.Y. App. Div. 1997)

Opinion

April 25, 1997

Present — Pine, J.P., Lawton, Callahan, Doerr and Fallon, JJ.


Report unanimously confirmed without costs and judgment granted in accordance with the following Memorandum: The Common Council of the City of Fulton (City) commenced this original proceeding seeking annexation of approximately 33 acres of land known as the River Glen Square Shopping Center in the Town of Volney (Town). Pursuant to General Municipal Law § 712, we designated three Referees to hear and report on the issue whether the proposed annexation is in the overall public interest. We agree with the unanimous conclusion of the Referees that the proposed annexation is in the overall public interest and their recommendation that we permit annexation.

The evidence at the annexation hearing establishes that the territory proposed to be annexed would benefit from the annexation by the guaranteed availability of the City's water and sewer facilities to meet its present needs and requirements ( see, Matter of City of Rensselaer v. Town Bd., 169 A.D.2d 936, 937; Matter of Caruso v. Moss, 161 A.D.2d 1038, 1038-1039; City of Batavia v. Town of Batavia, 45 A.D.2d 203, 205, lv denied 35 N.Y.2d 644; Matter of City of Saratoga Springs v. Town of Greenfield, 34 A.D.2d 364, 367, lv denied 28 N.Y.2d 482). The evidence also establishes that the City is able to provide better fire and police protection in the annexed area than the Town. The City's ability to provide enhanced municipal services to the annexed parcel weighs strongly in favor of annexation ( see, City of Jamestown v. Town of Ellicott, 185 A.D.2d 627; Matter of City of Rensselaer v. Town Bd., supra; Matter of City of Saratoga Springs v. Town of Greenfield, supra). Additionally, the testimony at the hearing demonstrates that the City would benefit by receiving $650,000 per year in additional sales tax revenue if the annexation were approved ( see, City of Batavia v. Town of Batavia, supra, at 205; Town Bd. v. City Council, 59 A.D.2d 1041; Matter of City of Saratoga Springs v. Town of Greenfield, supra). In comparison, the Town's loss of real property tax revenue, e.g., approximately $13,213.50 for 1995, is minimal. Finally, the testimony reflects that the property proposed to be annexed has the requisite unity of purpose and facilities with the adjacent City property to constitute a community ( see, Matter of Common Council v. Town Bd., 32 N.Y.2d 1, 6; City of Jamestown v. Town of Ellicott, supra).

The City established that "the benefits of annexation to the city and the territory proposed to be annexed outweigh the detriment to the town" ( Matter of City of Rensselaer v. Town Bd., supra, at 937) and thus that the annexation is in the overall public interest. We therefore grant judgment in favor of the City adjudging that the proposed annexation is in the overall public interest.

Finally, under the circumstances, a special election pursuant to General Municipal Law § 713 is not required ( see, City of Batavia v. Town of Batavia, supra, at 206). (Original Proceeding Pursuant to General Municipal Law § 712.)


Summaries of

Matter of Common Council v. Town Board

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 903 (N.Y. App. Div. 1997)
Case details for

Matter of Common Council v. Town Board

Case Details

Full title:In the Matter of COMMON COUNCIL OF CITY OF FULTON, Petitioner, v. TOWN…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 25, 1997

Citations

238 A.D.2d 903 (N.Y. App. Div. 1997)
660 N.Y.S.2d 763

Citing Cases

City of Fulton v. Town of Granby

and fire protection, health regulations, sewer and water service, public utilities and public education”…

Matter of Inc. Village of Ilion v. Frankfort

the overall public interest, it is necessary to weigh the "benefit or detriment to the annexing…