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  5. 18 N.Y.2d 92 (1966)
 

MATTER OF REISTER v. TOWN BD.

18 N.Y.2d 92 (1966)

In the Matter of Anna Reister et al., Individually and as Representatives of Fleming Citizens Committee, Appellants, v. Town Board of the Town of Fleming et al., Respondents.

Court of Appeals of the State of New York.

Decided July 7, 1966.

Attorney(s) appearing for the Case

Philip C. Pinsky and George Dacy for appellants.

Karl H. Schrade and James G. Cuddy for respondents.

Chief Judge DESMOND and Judges FULD and KEATING concur with Judge SCILEPPI; Judge VAN VOORHIS dissents in an opinion in which Judges BURKE and BERGAN concur.

SCILEPPI, J.

Pursuant to the pertinent provisions of the Town Law (§§ 190-195), a petition, seeking the establishment of a water district, was presented to the Town Board of the Town of Fleming, one of the respondents herein. The required hearing was held (§ 193), and the board adopted a resolution determining that the petition was properly signed by the owners of sufficient real property and approving...

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