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PETTERSEN v. TOWN OF FORT ANN

57-1-2005-0243

2008 NY Slip Op 28545

ROBERT PETTERSEN, SUSAN PETTERSEN, DANIEL HAYES, ELLIE HAYES, CHARLES S. ALLEN, CYNTHIA L. ALLEN, CHARLES REINEMANN, DIANE REINEMANN, GREGOR ANTHONY FOWLER, JOANNE TERESA FOWLER, WILLIAM S. HOMA, JUDITH A. HOMA, JOSEPH M. FOGARTY, CYNTHIA FOGARTY, DONALD MCDONALD, MARY LOU MCDONALD, JOHN CALOGERO, EUGENE J. CONNELL, SHARRON A. CONNELL, PAUL DRANOW, DELLA DRANOW, DIANE MARIE LAZAR, LASZLO LAZAR, COLLEEN M.. AVELLINO, JOHN A. AVELLINO, TERRENCE M. O'NEILL, BARBARA J. O'NEILL, MAURIZIO H. MIGLIARINO, SHEILA A. MIGLIARINO, HELEN NETTLETON, THOMAS HARRISON, ELAINE HARRISON, MARY BRUMMAGYN, ANNE SALE, JAMES CAPRON, MARIANNE CAPRON, WILLIAM ALTHENN AND GEORGIANNE ALTHENN, Petitioners v. THE TOWN OF FORT ANN, THE TOWN BOARD OF THE TOWN OF FORT ANN, GAYLE A. HALL, DUANE A. BURCH, HAROLD R. FULLER, INEZ A. MATTISON, AND BRUCE K. WHITNEY, EACH BEING A MEMBER OF THE TOWN BOARD OF THE TOWN OF FORT ANN AND CHRISTINE LATHAM, THE TOWN OF FORT ANN ASSESSOR, Respondents

Supreme Court of the State of New York, Washington County.

Decided December 11, 2008.

Attorney(s) appearing for the Case

Stafford, Carr & McNally, PC (Robert P. McNally, Esq., of counsel), Attorneys for Petitioners

Fitzgerald, Morris, Baker & Firth, PC (Jill E. O'Sullivan, Esq., of counsel), Attorneys for Respondents

DAVID B. KROGMANN, J.

Petitioners have commenced this Article 78 proceeding to challenge the comprehensive assessment of parcels of the Pilot Knob and Hadlock Pond areas located in the Town of Fort Ann. The petitioners allege the respondents engaged in selective reassessment to the extent that the assessments relating to the above neighborhoods were separately reassessed for 2005 while the remainder of the Town was assessed by a different process known as "trending...

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