Legal Opinion

Common Council v. Town Board of Johnstown

New York Court of Appeals

Decided March 14, 1973PublishedCited by 42 opinions

1Opinion of the CourtJasen, J.

The principal question presented on this appeal is whether territory bisected by a State highway may be annexed by an adjoining local government.1

In accordance with the provisions of section 712 of the General Municipal Law, the City of Gloversville (City) petitioned the Appellate Division, Third Department, for an adjudication and determination of whether or not the proposed annexation of territory located in the Town of Johnstown (Town) was in the over-all public interest. The Town, in its answer, moved to dismiss the petition on the ground that a State highway bisected the territory to be…

2Cases cited6 opinions

  1. Howard v. Commissioners of Sinking Fund of LouisvilleSupreme Court of the United States · 1953
  2. City of Wichita Falls v. Bowen, TrusteeTexas Supreme Court · 1944
  3. People Ex Rel. Forde v. Town of Corte MaderaCalifornia Court of Appeal · 1952
  4. County of Norfolk v. City of PortsmouthSupreme Court of Virginia · 1947
  5. Day v. SalemOregon Supreme Court · 1913

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3Cited by42 opinions

  1. Manhattan Pizza Hut, Inc. v. New York State Human Rights Appeal BoardNew York Court of Appeals · 1980
  2. Cobb v. CobbMassachusetts Supreme Judicial Court · 1989
  3. Pardi v. BaroneAppellate Division of the Supreme Court of the State of New York · 1999
  4. Town Board of Brighton v. City Council of RochesterAppellate Division of the Supreme Court of the State of New York · 1977
  5. City of Utica v. Town of FrankfortNew York Court of Appeals · 2008

37 more not listed; retrieve them via the Exa API.

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