Legal Opinion

Opn. No.

New York Attorney General Reports

Decided June 24, 2009Published

1Opinion of the Court

Daniel T. Cavarello, Esq. Informal Opinion No. 2009-1 Town Attorney Town of Tonawanda 2919 Delaware Avenue Kenmore, New York 14217

Dear Mr. Cavarello:

You have requested an opinion as to whether the town of Tonawanda may, without legislative approval, construct a public library facility on land held by the Town as parkland. You have further asked whether the Town may hold a public referendum on the construction of the library facility. As explained below, we conclude that the Town should seek alienation legislation and that an answer to the question of whether a referendum is authorized depends…

2Cases cited12 opinions

  1. Matter of McCabe v. VoorhisNew York Court of Appeals · 1926
  2. Williams v. . GallatinNew York Court of Appeals · 1920
  3. Spires v. City of Los AngelesCalifornia Supreme Court · 1906
  4. Van Cortlandt Park v. City of New YorkNew York Court of Appeals · 2001
  5. Mills v. . SweeneyNew York Court of Appeals · 1916

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