Flanagan v. Nyquist

This article 78 proceeding is brought to obtain judgment annulling the determination of the respondent, Commissioner of Education, dismissing the petitioners’ appeal before him. Petitioners seek to set aside an election held October 31, 1970, by the Union Free School District No. 6 of the Town of Southampton, New York, which presented a comprehensive building program to the voters for their approval. The respondent has moved to dismiss the petition upon objections in point of law. The said school district, not a party to this proceeding, has moved for an order allowing it to intervene.

The…