Legal Opinion

Opn. No.

New York Attorney General Reports

Decided March 4, 2002Published

1Opinion of the Court

Jerome J. Levenberg, Esq. Informal Opinion Village Attorney No. 2002-9 Village of Cedarhurst 200 Cedarhurst Avenue Cedarhurst, N.Y. 11516

Dear Mr. Levenberg:

You have asked whether a village trustee who owns commercial property within the village's Business Improvement District ("BID"), and thus is required to pay an assessment over and above his regular municipal taxes to the BID's treasury based on his proportionate interest in BID property, should recuse himself from the village Board of Trustees' deliberations and voting on future BID annual budgets that will come before the village Board…

2Cases cited6 opinions

  1. Tuxedo Conservation & Taxpayers Ass'n v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1979
  2. Zagoreos v. ConklinAppellate Division of the Supreme Court of the State of New York · 1985
  3. Parker v. Town of Gardiner Planning BoardAppellate Division of the Supreme Court of the State of New York · 1992
  4. Byer v. Town of PoestenkillAppellate Division of the Supreme Court of the State of New York · 1996
  5. Town of North Hempstead v. Village of North HillsNew York Court of Appeals · 1975

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