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Town May Purchase Property for Town Hall Which Exceeds Present Needs

By Steven Silverberg and Katherine Zalantis

In Matter of Potter v. Town Board of Aurora, the Appellate Division Fourth Department upheld a resolution by the Town Board, after completing a SEQRA negative declaration, to purchase and renovate a building for a new town hall. The court found that the claim that the town violated State Constitution Article VII section 2, because it was entering into indebtedness for purposes which did not carry out town purposes, due to the fact that building is larger than what is currently required for town purposes, was without merit. The court noted: the town may ?erect a public building having in view future necessities, and exceeding the demands of present use? (Matter of the Mayor of the City of N. Y., 90 NY 569,591)?

Full post as published by New York Zoning and Municipal Law Blog on May 01, 2009 (boomark / email).