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TAXPAYERS ASSN v. QUEENSBURY

55 N.Y.2d 41 (1982)

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

Court of Appeals of the State of New York.

Decided February 16, 1982.

Attorney(s) appearing for the Case

Lewis B. Oliver, Jr., for appellants.

Joseph R. Brennan for respondents.

Judges JASEN, FUCHSBERG and MEYER concur with Judge JONES; Chief Judge COOKE and Judges GABRIELLI and WACHTLER dissent and vote to affirm for the reasons stated in the opinion by Justice T. PAUL KANE at the Appellate Division ().

JONES, J.

Inasmuch as the Town of Queensbury had not prepared and filed an environmental impact statement with respect to the establishment of the proposed sewer district prior to the adoption by the town board of resolutions authorizing the establishment and financing of such district and to the submission of those resolutions to the voters of the proposed district at a special election, implementation of the...

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