MECHANICVILLE v. TOWN BD., HALFMOON


27 N.Y.2d 369 (1971)

In the Matter of the City Council of the City of Mechanicville, Appellant, v. Town Board of the Town of Halfmoon, Respondent, and Alfred J. Jennings et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided January 7, 1971.


Attorney(s) appearing for the Case

W. Donald Carola and Peter John Enzien for appellant.

John P. Weatherwax for respondents.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and JASEN concur; Judge GIBSON taking no part.


BREITEL, J.

Involved is a disputed proposed annexation between a city and a town. As is all but inevitably the situation, the city would expand by taking in a small part of the town. The town resists the annexation, seeking to preserve its area and retain its taxable enterprises. The population of the affected area may or may not welcome the annexation, this being a disputed fact. The City of Mechanicville has...

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