Waite v. Town of Champion
Cases that cite this one
1 later published case cites this decision.
- Matter of Waite v. Town of Champion (N.Y. 2018)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from a judgment (denominated order) of the Supreme Court, Jefferson County (James P. McClusky, J.), entered December 16, 2015 in a CPLR article 78 proceeding. The judgment dismissed the petition.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.
Memorandum: Petitioners appeal from a judgment dismissing their CPLR article 78 petition seeking a determination that respondent’s dissolution plan is void and a determination that respondent must comply with General Municipal Law, article 17-A, title 3. We agree with respondent that Supreme Court properly dismissed the petition inasmuch as respondent complied with the statute (see § 786 [1]). The majority of electors voted for dissolution of the Champion Fire Protection District, and respondent consequently fulfilled its duty of devising a dissolution plan (see § 782 [2]). Petitioners failed either to attain the requisite number of signatures to challenge the dissolution plan by referendum (see § 785 [2] [a]), or to petition for the establishment of a fire district (see Town Law § 171 [1]).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.