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City of Johnstown v. Town of Johnstown

Appellate Division of the Supreme Court of New York, Third Department
Sep 15, 1994
207 A.D.2d 923 (N.Y. App. Div. 1994)

Opinion

September 15, 1994


The Referees' report concluded that the proposal by petitioners N. Edward Jutras and Fern Jutras to have petitioner City of Johnstown annex their land is not in the overall public interest. Respondent now moves to confirm the Referees' report. Although the Jutrases proposed the annexation so that they could obtain certain services from the City, petitioners do not dispute the Referees' finding that annexation is actually not necessary for these services to be provided. Equally undisputed is the finding that respondent would lose tax revenue if the annexation was accomplished and would receive no corresponding benefit. Accordingly, respondent's motion is granted and the Referees' report is confirmed.

Mercure, J.P., Crew III, White, Casey and Peters, JJ., concur. Adjudged that the motion is granted, without costs, Referees' determination confirmed and petition dismissed.


Summaries of

City of Johnstown v. Town of Johnstown

Appellate Division of the Supreme Court of New York, Third Department
Sep 15, 1994
207 A.D.2d 923 (N.Y. App. Div. 1994)
Case details for

City of Johnstown v. Town of Johnstown

Case Details

Full title:In the Matter of CITY OF JOHNSTOWN et al., Petitioners, v. TOWN OF…

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

Date published: Sep 15, 1994

Citations

207 A.D.2d 923 (N.Y. App. Div. 1994)
616 N.Y.S.2d 414