Legal Opinion

Matter of Glens Falls City School District v. City of Glens Falls

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

Decided January 7, 2016No. 521242Published

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

  1. 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
  2. Xerox Corp. v. Town of WebsterNew York Supreme Court · 1986
  3. District Three iue Housing Development Fund Corp. v. BuckleyNew York Supreme Court · 1973
  4. Niagara Mohawk Power Corp. v. Town of Moreau AssessorAppellate Division of the Supreme Court of the State of New York · 2005

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