CITY OF BATAVIA v. TN. OF BATAVIA


45 A.D.2d 203 (1974)

City of Batavia, Petitioner, v. Town of Batavia, Respondent, and B. S. & D. Development, Inc., Respondent-Intervenor

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 5, 1974.


Attorney(s) appearing for the Case

George E. Schaefer, Jr., City Attorney, for petitioner.

Jeffrey D. Oshlag (Salem G. Mansour of counsel), for respondent.

Wallace J. Stakel for respondent-intervenor.

MARSH, P. J. MOULE, CARDAMONE and DEL VECCHIO, JJ., concur.


MAHONEY, J.

This is an application made by petitioner, City of Batavia, and respondent-intervenor, B. S. & D. Development, Inc., for judgment that the proposed annexation to said city of certain territory in the Town of Batavia is in the over-all public interest. A cross application is made by respondent, Town of Batavia, for judgment that the proposed annexation is not in the over-all public interest. The...

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