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PETITION FOR A REFERENDUM CONCERNING THE SALE OF TOWN LAND FOR THE DEVELOPMENT OF A RECREATIONAL PARK SHOULD NOT HAVE BEEN INVALIDATED, THE PETITION MET THE REQUIREMENTS OF TOWN LAW 91 (SECOND DEPT).

The Second Department, reversing Supreme Court, determined that the petition for a referendum concerning the sale by the town of land to be used for a recreational park should not have been invalidated, and a vote on the referendum should be held:

… [T]he petition sheets set forth the purpose for which each elector signed, namely, to protest the resolution authorizing the sale of Town-owned property … and to request a referendum on its adoption. Indeed, by the inclusion of language simply tracking the requirements of Town Law § 91, the petition sheets satisfied the “statement of purpose” requirement set forth in Matter of McComb (18 AD2d at 663). To require more detail would be to read a new requirement into Town Law § 91 that the legislature did not include. To the extent that Matter of Mathewson v Town of Kent (41 Misc 3d 572, 574 [Sup Ct, Putnam County]) required an “affirmative articulation of the objections upon which the petition is founded,” it should not be followed. Matter of Merlin Entertainments Group U.S. Holdings, Inc. v 409 Signatories to the challenged Referendum Petition, 2018 NY Slip Op 02627, Second Dept 4-18-18

​MUNICIPAL LAW (TOWN LAW, REFERENDUM, PETITION FOR A REFERENDUM CONCERNING THE SALE OF TOWN LAND FOR THE DEVELOPMENT OF A RECREATIONAL PARK SHOULD NOT HAVE BEEN INVALIDATED, THE PETITION MET THE REQUIREMENTS OF TOWN LAW 91 (SECOND DEPT))/TOWN LAW (REFERENDUM, PETITION FOR A REFERENDUM CONCERNING THE SALE OF TOWN LAND FOR THE DEVELOPMENT OF A RECREATIONAL PARK SHOULD NOT HAVE BEEN INVALIDATED, THE PETITION MET THE REQUIREMENTS OF TOWN LAW 91 (SECOND DEPT))/REFERENDUM (TOWN LAW, PETITION FOR A REFERENDUM CONCERNING THE SALE OF TOWN LAND FOR THE DEVELOPMENT OF A RECREATIONAL PARK SHOULD NOT HAVE BEEN INVALIDATED, THE PETITION MET THE REQUIREMENTS OF TOWN LAW 91 (SECOND DEPT))

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