Legal Opinion

Village of Hamilton v. Town of Madison

Appellate Division of the Supreme Court of the State of New York

Decided September 27, 2012Published

1Opinion of the CourtSpain, J.

Proceeding initiated in this Court pursuant to General Municipal Law § 712 to determine whether the proposed annexation of property now located in the Town of Madison to the Village of Hamilton is in the overall public interest.

In December 2011, Wesley Wendt Sr. petitioned the parties’ respective governing bodies to have 1.59 acres of uninhabited land owned by him and located in the Town of Madison annexed to the Village of Hamilton. A joint hearing was held, following which petitioner’s Board of Trustees passed a resolution approving the annexation and respondent’s Town Board passed a…

2Cases cited4 opinions

  1. City of Utica v. Town of FrankfortNew York Court of Appeals · 2008
  2. Caruso v. MossAppellate Division of the Supreme Court of the State of New York · 1990
  3. City of Johnstown v. Town of JohnstownAppellate Division of the Supreme Court of the State of New York · 1997
  4. City of Kingston Common Council v. Town of UlsterAppellate Division of the Supreme Court of the State of New York · 2006

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