Legal Opinion

In re to Determine a Petition Filed with the Town Clerk of the Town of Mount Pleasant

New York Supreme Court

Decided July 15, 1975PublishedCited by 2 opinions

1Opinion of the CourtAnthony J. Ferraro, J.

This is an application by order to *870show cause pursuant to section 91 of the Town Law to declare null and void petitions filed in objection to a proposed town hall in the Town of Mount Pleasant.

It appears that the Town of Mount Pleasant adopted a resolution to erect a town hall at Columbus Avenue and Stevens Avenue in the township in the median between the north and southbound lanes of Columbus Avenue.

Unfortunately the Town Law does not afford an automatic right to the electorate to vote upon the resolution although it may involve a substantial expenditure of its funds. On the contrary, the…

2Cases cited3 opinions

  1. Cohalan v. OlmoAppellate Division of the Supreme Court of the State of New York · 1973
  2. In re CohalanNew York Supreme Court · 1972
  3. McComb v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 1962

3Cited by2 opinions

  1. Mathewson v. Town of KentNew York Supreme Court · 2013
  2. Franczyk v. MichauxAppellate Division of the Supreme Court of the State of New York · 1991

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