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City of Johnstown v. Town of Johnstown
Citations: 244 A.D.2d 589; 663 N.Y.S.2d 728; 1997 N.Y. App. Div. LEXIS 11117
Court: Appellate Division of the Supreme Court of the State of New York; November 5, 1997; New York; State Appellate Court
Proceedings were initiated to assess the proposed annexation of 5.9 acres of property from the Town of Johnstown to the City of Johnstown, following a petition by Believers Fellowship Center, Inc. In June 1995, the governing body of the City approved the annexation, while the Town disapproved it. In January 1996, the City commenced legal action to adjudicate the annexation's public interest under General Municipal Law § 712. The Court appointed three Referees, who conducted hearings and concluded that the annexation serves the public interest. The property in question is vacant land intended for development linked to adjacent religious property, and the annexation would enable the provision of municipal water and sanitary services. Due to the property being tax-exempt, it will not affect the tax bases of either municipality. The respondent did not oppose the petitioner’s motion to confirm the Referees’ findings. Consequently, the Court granted the motion, confirming the report and declaring the annexation is in the overall public interest, with no costs awarded.