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MTR. OF ESLER v. WALTERS

83 A.D.2d 91 (1981)

In the Matter of John Esler et al., Respondents, v. Carl J. Walters, as Supervisor of The Town of Guilderland, et al., Appellants

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

November 5, 1981

Attorney(s) appearing for the Case

Tabner, Carlson, Daffner & Farrell (John W. Tabner of counsel), for appellants.

Hoffman & Stockholm (Jeffrey E. Stockholm of counsel), for respondents.

SWEENEY, J. P., and MAIN, J., concur with MIKOLL, J.; WEISS and HERLIHY, JJ., dissent and vote to affirm in an opinion by HERLIHY, J.

MIKOLL, J.

On June 10, 1980, the Town Board of the Town of Guilderland passed a resolution calling for a public hearing concerning the consolidation of the Westmere and McKownville Water Districts pursuant to subdivision 7 of section 206 of the Town Law. A hearing was held on July 8, 1980, and the town board adopted a resolution establishing the consolidation of the two water districts. On August 27, 1980, a special election on the question was submitted...

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