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MATTER OF COLLINS v. BRENNAN

116 Misc.2d 985 (1982)

In the Matter of Sharon Collins et al., Petitioners, v. Elizabeth Brennan, as Village Clerk of the Village of Freeville, et al., Respondents. (Action No. 1.) In the Matter of the Central New York Spiritualist Association, Inc., et al., Petitioners, v. Elizabeth Brennan, as Village Clerk of the Village of Freeville, et al., Respondents. (Action No. 2.)

Supreme Court, Tompkins County.

November 3, 1982

Attorney(s) appearing for the Case

Wiggins, Tsapis, Holmberg & Galbraith (Dirk A. Galbraith and James Wiggins of counsel), for Sharon Collins and another, petitioners in Action No. 1. Paul N. Tavelli for Central New York Spiritualist Association, Inc., and another, petitioners in Action No. 2. Bixler & Stumbar (Elizabeth J. Bixler of counsel), for respondents.

ROBERT E. FISCHER, J.

The issues presented arise by petitions which seek to nullify the results of a referendum election held in the Village of Freeville, Tompkins County (the Village), on August 26, 1982. The essential facts are not in dispute.

By resolution dated August 3, 1982, the board of trustees of the Village authorized the construction of a sanitary sewer system, including a sanitary sewage treatment facility, at an estimated cost of...

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