September 17, 2015

In a recent case entitled Commander Realty Associates, Inc., et al v. Allegro, et al, decided August 18, 2015, Slip Op. 25276, 2015 WL 4720070, the New York State Supreme Court, Orange County, decided an issue of first impression regarding the municipal annexation of real property.

The issue before the Court was whether different municipalities may simultaneously attempt to annex the same territory. As discussed at length in the decision, the Court held that the common-law prior jurisdiction rule should be followed to the extent that, once the municipal annexation process has commenced by the filing of a petition for annexation, the affected municipalities shall have exclusive jurisdiction over any annexation of the subject territory until the annexation process is finally concluded.

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