MATTER OF GIBBS v. HOWELL


45 A.D.2d 774 (1974)

In the Matter of Robert Gibbs, on Behalf of Himself and All Others Similarly Situated, Appellant, v. Charles F. Howell, as Supervisor of The Town of Lansing, et al., Respondents

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

June 6, 1974


Petitioner is a nonresident owner of property situate in the territory sought to be incorporated. He and a number of others similarly situated own approximately 90% of the real property in the proposed territory for the new village, but are not entitled to vote on the proposition (Village Law, § 2-216). He contends he is unconstitutionally disenfranchised in this process under the equal protection clause and in violation of due process (N. Y. Const., art. I, § 11...

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