Matter of Glens Falls City School District v. City of Glens Falls
Appellate Division of the Supreme Court of the State of New York
1Concurrence · Jr.Egan Jr., J.
Given the nature of petitioners’ challenge, we agree that a CPLR article 78 proceeding is an improper forum and, therefore, Supreme Court properly granted respondents’ motions to dismiss the petition/complaint. That said, we write separately to express our belief that, as a threshold matter, petitioners lack standing to challenge the valuation and assessment imposed upon the subject parcels by respondent City of Glens Falls Assessor in the first instance. Simply put, a school district is neither a taxpayer nor a property owner; therefore, it is precluded from challenging the taxable value of…
Also in this document: Concurrence · Devine.
2Cases cited4 opinions
- Board of Education of the Goshen Central School District v. Town of Wallkill Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 1995
- Xerox Corp. v. Town of WebsterNew York Supreme Court · 1986
- District Three iue Housing Development Fund Corp. v. BuckleyNew York Supreme Court · 1973
- Niagara Mohawk Power Corp. v. Town of Moreau AssessorAppellate Division of the Supreme Court of the State of New York · 2005