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TAXPAYERS ASSN v. QUEENSBURY

79 A.D.2d 337 (1981)

In the Matter of Tri-County Taxpayers Association, Inc., et al., Appellants, v. Town Board of the Town of Queensbury et al., Respondents

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

March 12, 1981

Attorney(s) appearing for the Case

Lewis B. Oliver, Jr., for appellants.

Joseph R. Brennan, Town Attorney, for respondents.

CASEY and HERLIHY, JJ., concur with KANE, J.; MAIN and MIKOLL, JJ., concur in part and dissent in part in an opinion by MIKOLL, J.

KANE, J.

In July of 1979 the respondent Town Board of the Town of Queensbury adopted three resolutions which dealt with the establishment of a sewer district and the construction of related facilities. Provision was also made for a referendum on the matter. Petitioners, a not-for-profit corporation and individual property owners residing in the district, instituted a CPLR article 78 proceeding challenging the...

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