IN THE MATTER OF TOWN OF NIAGARA v. CITY OF NIAGARA FALLS


19 A.D.3d 1076 (2005)

797 N.Y.S.2d 207

In the Matter of TOWN OF NIAGARA, Petitioner, v. CITY OF NIAGARA FALLS, Respondent, and SCHOOL DISTRICT OF CITY OF NIAGARA FALLS, Intervenor-Respondent.

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

June 10, 2005.


It is hereby ordered that the report be and the same hereby is unanimously confirmed without costs and judgment is granted in favor of respondent as follows:

It is adjudged that the proposed annexation is not in the overall public interest.

Memorandum:

Petitioner, the Town of Niagara (Town), commenced this original proceeding pursuant to General Municipal Law article 17 seeking annexation of a commercially-zoned area of 52 acres (hereafter, the site...

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