Learn more at: CITY OF UTICA v. Trustees of Masonic Hall and Asylum Fund, doing business as Masonic Care Community, Intervenors-Respondents

"...petitioner seeks annexation of approximately 225 acres of property from respondents Town of Frankfort and County of Herkimer... the proposed annexation is in the overall public interest. After a hearing, the Referees recommended that the petition be approved."

NY COURT OF APPEALS City of Utica v. Town of Frankfort 10 N.Y.3d 128 (2008) [PDF]

THE APPELLATE DIVISION MAY NOT DISREGARD THE SPECIAL ELECTION REQUIREMENTS ASSOCIATED WITH ANNEXATION PROCEEDINGS.

The City of Utica sought annexation of 225 acres from the Town of Frankfort and Herkimer County under article 17 of the General Municipal Law. The purpose of the annexation was to place the property of the Masonic Care Community in one county in an effort to stream line health care to its residents. Masonic Care Community was the sole owner of the property to be annexed. The annexation was recommended by Referees and affirmed by the Appellate Division. On appeal, the Town of Frankfort and Herkimer County argued that the Appellate Division erred by improperly determining that the City of Utica met its burden of establishing that the annexation was in the overall public interest. It further argued that it was error for the Appellate Division to dispense with the special election required for article 17 annexation. In approving an annexation under article 17, the court must determine whether the municipality seeking the annexation has shown that the annexation is in the overall public interest. The Court of Appeals found that the Appellate Division did properly apply the standard when it found that Utica’s public serves were superior to those of Frankfort, the property owner would be able to streamline its healthcare services. Lastly, the Appellate Division found that impact of the annexation would be minimal to Frankfort and Herkimer County. The Court, however, did find that the Appellate Division erred when it dispensed with the special election requirements. The plain language of the New York Constitution and Article 17 specifically require a special election. The Court of Appeals specifically declined to recognize other Appellate Divisions which had previously excused special elections.

Two newspaper stories regarding annexation of Frankfort land into City of Utica, Annexation might affect taxpayers and Acacia Village residents to vote on county shift