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MATTER OF ESLER v. WALTERS

56 N.Y.2d 306 (1982)

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

Court of Appeals of the State of New York.

Decided June 15, 1982.

Attorney(s) appearing for the Case

Jeffrey E. Stockholm for appellants.

John W. Tabner and Edward M. Scher for respondents.

Robert Abrams, Attorney-General (Shirley Adelson Siegel and William J. Kogan of counsel), in his statutory capacity under section 71 of the Executive Law.

Chief Judge COOKE and Judges JASEN, GABRIELLI and JONES concur with Judge WACHTLER; Judges FUCHSBERG and MEYER dissent and vote to reverse in separate dissenting opinions.

WACHTLER, J.

On this appeal we are asked to consider the constitutionality of a statute (Town Law, § 206, subd 7) which provides that in special elections on propositions to consolidate water districts, no person shall be entitled to vote unless he or she is an elector of the town and also "is the owner of taxable property situate within one of the districts". The trial court found the statute unconstitutional...

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