City of Johnstown v. Town of Johnstown

—Spain, J.

Proceeding initiated in this Court pursuant to General Municipal Law § 712 to determine whether the proposed annexation of property now located in the Town of Johnstown to the City of Johns-town is in the over-all public interest.

In June 1995, Believers Fellowship Center, Inc. petitioned the governing bodies of petitioner and respondent to have 5.9 acres of its property located within the Town of Johnstown annexed to the City of Johnstown. Following joint hearings, petitioner’s governing body passed a resolution approving the annexation and respondent’s governing body passed a…