Breaking News- Town Wins Edgemont Appeal- Courts rule Petition Invalid for Incorporation
Hello Greenburgh,
Just announced today, the Town of Greenburgh wins its Appellate Court appeal in the Edgemont Incorporation case. Incorporation supporters can appeal this ruling, but their appeal does not have to be heard.
This is the 2nd time the Appellate Division of the New York State Supreme Court has ruled that the incorporation petition was not sufficient. Read the decision here: http://www.courts.state.ny.us/.../2021/Decisions/D65779.pdf
Quickly summarizing the ruling, which was much longer than the previous ruling for the first petition, the court disagreed with the Supervisor that the list of regular inhabitants must include minors and also disagreed with his arguments regarding the list of inhabitants being included on the petition when the petitions are signed. It did however agree that the petition for incorporation failed to include a sufficient description of the area to be incorporated. Text below:
However, the Town Supervisor properly found that the petition for incorporation failed to include a description of the territory to be incorporated that was “sufficient to identify the location and extent of such territory with common certainty,” as is required by Village Law § 2-202(1)(c)(1). Although the petition for incorporation indicated that the proposed village was to be coextensive with the existing boundaries of the Greenville Fire District, the record showed that the metes-and-bounds description that was provided therein did not correspond to the existing boundaries of that fire district. Further, the mere statement in the petition for incorporation that the proposed territory was coextensive with that fire district was not sufficient to meet the applicable statutory requirements (see id.), particularly as the record shows that the legal boundaries of that fire district are disputed.
Looks like for now, it is back to the drawing board for Edgemont residents hoping to become Greenburgh's 7th village.
Other News
Town Supervisor Race-
The Greenburgh Central School District has announced it will move forward with negotiations to hire Dr. O'Hara to be the next Superintendent of Schools.
Hopefully, you have found this informative. Please send any questions and forward to your friends and neighbors. If you have questions about any of the above, please email me at Eric@ericzinger.com