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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