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KATHLEEN M. BENNETT
kbennett@bsk.com
P: 315-218-8631
F: 315-218-8741
November 9, 2017

VIA HAND DELIVERY

Town of LeRay

Re: Proposed Annexation of Property within the Village of Evans Mills

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To Whom It May Concern:

Our firm represents the Village of Evans Mills in opposition to the Petition for

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Annexation of Territory from the Village of Evans Mills to the Town of LeRay (the
Petition). For the reasons set forth in this letter, the proposed annexation is not

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appropriate as a matter of law because the properties sought to be annexed are already
within the boundaries of the Town of LeRay. Accordingly, the Petition and the
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proceedings following therefrom are a nullity.
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Annexation is not Available to the Town
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As a municipal corporation in the State of New York, the Town is authorized and
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empowered by Article 17 of the General Municipal Law (Section 700, et seq.), known as
the Municipal Annexation Law, to alter its boundaries by annexing contiguous land from
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adjoining municipalities upon the consent of the people, if any, who reside in the
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territory to be annexed and the consent of the governing board of each affected
municipality, following a determination that the annexation is in the overall public
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interest. Gen. Mun. L. 700, 702 (emphasis supplied). Although the Town has the
authority to annex property, it is clear that use of the annexation power is only available
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when the existing municipal boundary would be changed by the addition (or
corresponding subtraction) of the proposed properties. In fact, the General Municipal
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Law defines annexation as [a]n alteration of the boundaries of a county, city, town or
village which has the effect of adding territory to it. Gen. Mun. L. 700(1). Moreover,
the General Municipal Law specifically excludes the diminution of the area of a village
pursuant to section 18-1804 of the village law. Gen. Mun. L. 700(1).

Here, the Properties sought to be annexed are already located within the Town such
that their annexation would not alter the Towns existing boundaries. The Petition is
replete with evidence demonstrating that the Property is already located within the
Town. First, the Petition describes the Properties proposed for annexation using their
Town of LeRay Tax Map Parcel Numbers. See Petition, 1. Second, as evidence of
ownership of the Properties, the Petition attaches a Certificate of the Town of LeRay
Assessor. See Petition, 8. Third, according to the Assessors Certificate, the

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November 7, 2017
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Properties are situated in the Village of Evans Mills within the Town of LeRay. See
Certificate of William Vargulick, Assessor, Town of LeRay, sworn to on August 10,
2017, 2. Fourth, the Assessors Certificate states that the Properties are assessed
on the tax roll for the year 2017 which is the last preceding assessment roll of the
Town. See Vargulick Certificate, 2. Fifth, the Assessors Certificate affirms that the
assessment roll of the Town which includes the Village of Evans Mills. See Vargulick
Certificate, 2. Finally, Paragraph 8 of the Petition asserts that the Properties are now
situated in the Town as shown on the last assessment roll of the Town. See Petition,
8.

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In actuality, what the Town is seeking to accomplish by way of its Petition for
Annexation is the diminution of the Villages boundaries. As set forth in the General

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Municipal Law, the diminution of the area of a village is not authorized by the Municipal
Annexation Law. Rather, the process to remove territory from the boundaries of an

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existing village is controlled by section 18-1804 of the village law. Pursuant to section
18-1804 of the village law, the boundaries of a village may only be diminished by
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excluding from its corporate limits territory not adjacent to nor benefited by either street
or sidewalk improvements, electric lights, sewers, water works system or fire
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protection, when any of such benefits, improvements or systems have been completed
in a village. See N.Y. Vill. L. 18-1804. Here, the Properties are either adjacent to or
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benefited by street and sidewalk improvements, electric lights, sewers, water works
system and fire protection. As such, they cannot be removed from the Villages
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boundaries pursuant to Section 18-1804.

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Additional Form and Content Objections

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Even if annexation were available to the Town, the Petition does not substantially
comply in form or content with the provisions of the Municipal Annexation Law. For
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example, the Properties proposed for annexation are not adequately described as there
is no metes and bounds description included in or attached to the Petition. In addition,
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the maps appended to the Petition are not clear and do not establish that the Properties
are contiguous to the Town. Next, Paragraph 8 of the Petition indicates that the
Properties are to be annexed to the Village. Finally, the Assessors Certificate states
that the Properties are assessed on the tax roll for the year 2017, which is not the last
preceding assessment roll for the Town.

Removal of the Properties from the Village is not in the Overall Public Interest

Even if annexation were available to the Town, removal of the Properties from the
Village is not in the overall public interest. Annexation is only proper when it is in the
overall public interest of (a) the territory proposed to be annexed; (b) the local
government to which the territory is proposed to be annexed; (c) the remaining area of
the local governments in which the territory to be annexed is currently situated; or (d)

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November 7, 2017
Page 3

any school district, fire district or other district corporation, public benefit corporation, fire
protection district, fire alarm district, or town or county improvement district that is
situated wholly or partly within the territory to be annexed. Gen. Mun. 705(1). Here,
annexation would not be in the overall public interest of the territory proposed to be
annexed because the Properties would lose the benefit of Village services such as
sewers, water and fire protection. Likewise, annexation is not in the overall public
interest of the Town because the Town would be required to provide services to the
Properties through the creation of districts or shared services contracts. Annexation
would not be in the public interest of the Village because the Properties would have the
benefits of Village street, sidewalk and lighting improvements, but the tax burden

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associated with those improvements would be borne unfairly by other residents of the
Village. Moreover, the Village would lose significant tax revenue resulting in even

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greater tax liability on Village residents.

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Conclusion
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In sum, annexation is not available to the Town and these proceedings are outside of
the Towns jurisdiction.
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Sincerely,
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BOND, SCHOENECK & KING, PLLC

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Kathleen M. Bennett
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KB/kb
at
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