Waite v. Town of Champion

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At issue was whether the Town of Champion, which replaced a fire protection district with two substitute fire protection districts, complied with its statutory obligation to dissolve and terminate the fire protection district. Petitioners filed this N.Y. C.P.L.R. 78 proceeding claiming that the Town of Champion failed to accomplish and complete the dissolution of the Town of Champion Fire Protection District, as required by the General Municipal Law. Supreme Court dismissed the petition, concluding that the Town followed the required procedures and acted within its authority. The Appellate Division affirmed. The Court of Appeals affirmed, holding that the Town’s actions were not improper because the Town prepared, approved, and implemented a dissolution plan in compliance with the applicable statutory requirements and lawfully created two legally distinct fire protection districts to deliver fire protection services to Town residents, in accordance with Town Law section 170. View "Waite v. Town of Champion" on Justia Law