Legal Opinion

Commandeer Realty Associates, Inc. v. Allegro

New York Supreme Court

Decided August 18, 2015PublishedCited by 1 opinion

1Opinion of the Court

*893OPINION OF THE COURT

Francesca E. Connolly, J.

This proceeding presents an issue of first impression for New York courts as to whether different municipalities may simultaneously attempt to annex the same territory. For the reasons that follow, this court holds that the common-law prior jurisdiction rule should be followed to the extent that, once the municipal annexation process has commenced by the filing of a petition for annexation, the affected municipalities shall have exclusive jurisdiction over any annexation of the subject territory until the annexation process is finally concluded.

Fact…

2Cases cited47 opinions

  1. Lujan v. National Wildlife FederationSupreme Court of the United States · 1990
  2. Society of Plastics Industry, Inc. v. County of SuffolkNew York Court of Appeals · 1991
  3. Farmers' Loan & Trust Co. v. Lake Street Elevated RailroadSupreme Court of the United States · 1900
  4. Sun-Brite Car Wash, Inc. v. Board of Zoning & AppealsNew York Court of Appeals · 1987
  5. Morgenthau v. ErlbaumNew York Court of Appeals · 1983

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3Cited by1 opinion

  1. Matter of Wagschal v. SzegedinAppellate Division of the Supreme Court of the State of New York · 2023

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