East Lake George, New York
Encyclopedia
East Lake George is a hamlet within the towns of Queensbury
(in Warren County
) and Fort Ann
(in Washington County
) in the U.S. state
of New York
. East Lake George attempted to incorporate
as a village, a measure rejected by voters in 2010.
s stated that a number of signatures appeared more than once or were improperly witnessed. It was noted that the petition did meet all of the requirements of the New York State Village Law, however, with respect to Queensbury's section of the proposed village. According to the Village Incorporation Committee spokesperson, a lawsuit was filed against the towns for the supervisors' refusal to approve the petition based on their interpretation of what constitutes a 'resident'.
In a Supreme Court
hearing, Supervisor Gayle Hall of Fort Ann maintained that she rejected the petition because it required but failed to contain the signatures of 20% of the Town of Fort Ann's qualified voters who live within the proposed territory. The court did not subscribe to Hall's interpretation of the law, instead supporting the petitioner
s' assertion that the petition need only contain 20% of the signatures from the registered voters within the territory as a whole. Even so, the court noted that the petition did in fact meet the requirements of the law based on Hall's incorrect interpretation. Hall also rejected the signatures of nine residents, saying they were not residents of the town. The petitioners alleged that the persons in question were residents at the time of signing, and cited case law
from the Third Department of The Appellate Division
. The court supported the petitioners in this argument as well.
Calling the supervisors' rejection of the petition "arbitrary and capricious", the state Supreme Court justice
ruled that the supervisors' determination be reversed, and that an election be held as to the question of incorporation. For incorporation to succeed, proposed village residents from both Queensbury and Fort Ann would need to approve the proposal.
The election was held on August 26, 2010, with the town supervisors serving as election inspectors. Voters rejected the proposed incorporation 370 to 189.
. The territory of the proposed East Lake George village would have included all land north of New York State Route 9L
between its western-most point at the Queensbury-Lake George
town line at Plum Point and east to Warner Bay. Some land south of Route 9L — such as in the vicinity of Joshua Rock, Dunhams Bay, and between Harris and Warner Bays — would also have been part of the village. The area along Pilot Knob Road from Route 9L northward until Point Comfort were also to have been included. East Lake George village would have encompassed approximately 4.5 square miles (11.7 km²) of land.
.
Court documents indicate the number of alleged residents to be 801 in 2009, with the number of non-seasonal residents estimated to be 700 in 2005.
Queensbury, New York
Queensbury is a town in and the county seat of Warren County, New York, United States. The town is located in the southeastern part of the county. The population was 25,441 at the 2000 census. The town is named in honor of Queen Charlotte, the consort of George III of Great Britain and Ireland. It...
(in Warren County
Warren County, New York
Warren County is a county in the U.S. state of New York. It is part of the Glens Falls, New York, Metropolitan Statistical Area. As of the 2010 census, the population was 65,707. It is named in honor of General Joseph Warren, an American Revolutionary War hero of the Battle of Bunker Hill...
) and Fort Ann
Fort Ann (town), New York
Fort Ann is a town in Washington County, New York, United States. It is part of the Glens Falls Metropolitan Statistical Area. The town population was 6,417 at the 2000 census...
(in Washington County
Washington County, New York
Washington County is a county located in the U.S. state of New York. It is part of the Glens Falls, New York, Metropolitan Statistical Area. As of the 2010 census, the population was 63,216. It was named for the Revolutionary War general George Washington...
) in the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
. East Lake George attempted to incorporate
Municipal corporation
A municipal corporation is the legal term for a local governing body, including cities, counties, towns, townships, charter townships, villages, and boroughs. Municipal incorporation occurs when such municipalities become self-governing entities under the laws of the state or province in which...
as a village, a measure rejected by voters in 2010.
History
In September 2005, a petition was submitted to the towns of Queensbury and Fort Ann, citing taxes, unfair assessments, and callous indifference from officials of both towns as reasons for village incorporation. The map of the proposed village was deemed invalid, halting the incorporation process. In 2007, a second petition was submitted but ruled legally insufficient because certain petition signatures were not dated. In March 2009, a third petition was submitted and subsequently rejected because there weren't enough signatures from Fort Ann residents. Additionally, the town supervisorTown supervisor
Town Supervisor is an elective legislative position in New York towns. Supervisors sit on the town board, where they preside over town board meetings and vote on all matters with no more legal weight than that of any other board member .Towns may adopt local laws that allow them to provide for an...
s stated that a number of signatures appeared more than once or were improperly witnessed. It was noted that the petition did meet all of the requirements of the New York State Village Law, however, with respect to Queensbury's section of the proposed village. According to the Village Incorporation Committee spokesperson, a lawsuit was filed against the towns for the supervisors' refusal to approve the petition based on their interpretation of what constitutes a 'resident'.
In a Supreme Court
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
hearing, Supervisor Gayle Hall of Fort Ann maintained that she rejected the petition because it required but failed to contain the signatures of 20% of the Town of Fort Ann's qualified voters who live within the proposed territory. The court did not subscribe to Hall's interpretation of the law, instead supporting the petitioner
Petitioner
A petitioner is a person who pleads with governmental institution for a legal remedy or a redress of grievances, through use of a petition.-In the courts:The petitioner may seek a legal remedy if the state or another private person has acted unlawfully...
s' assertion that the petition need only contain 20% of the signatures from the registered voters within the territory as a whole. Even so, the court noted that the petition did in fact meet the requirements of the law based on Hall's incorrect interpretation. Hall also rejected the signatures of nine residents, saying they were not residents of the town. The petitioners alleged that the persons in question were residents at the time of signing, and cited case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
from the Third Department of The Appellate Division
New York Supreme Court, Appellate Division
The Supreme Court of the State of New York, Appellate Division is the intermediate appellate court in New York State. The Appellate Division is composed of four departments .*The First Department covers the Bronx The Supreme Court of the State of New York, Appellate Division is the intermediate...
. The court supported the petitioners in this argument as well.
Calling the supervisors' rejection of the petition "arbitrary and capricious", the state Supreme Court justice
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
ruled that the supervisors' determination be reversed, and that an election be held as to the question of incorporation. For incorporation to succeed, proposed village residents from both Queensbury and Fort Ann would need to approve the proposal.
The election was held on August 26, 2010, with the town supervisors serving as election inspectors. Voters rejected the proposed incorporation 370 to 189.
| Voting results | Against | For | Void |
|---|---|---|---|
| Queensbury portion | 277 | 135 | 5 |
| Fort Ann portion | 93 | 54 | 0 |
| Total | 370 | 189 | 5 |
Geography
The hamlet is entirely located within the Adirondack Park. It is situated along the southeastern shores of Lake GeorgeLake George (New York)
Lake George, nicknamed the Queen of American Lakes, is a long, narrow oligotrophic lake draining northwards into Lake Champlain and the St. Lawrence River Drainage basin located at the southeast base of the Adirondack Mountains in northern New York, U.S.A.. It lies within the upper region of the...
. The territory of the proposed East Lake George village would have included all land north of New York State Route 9L
New York State Route 9L
New York State Route 9L is a state highway in Warren County, New York, in the United States. The road is long and is a suffixed highway of U.S. Route 9 . NY 9L goes through three municipalities in Warren County: the city of Glens Falls, the town of Queensbury and the town of Lake...
between its western-most point at the Queensbury-Lake George
Lake George (town), New York
Lake George is a town in Warren County, New York, USA. The population was 3,578 at the 2000 census. The town is named after the lake, Lake George. Within the town is a village also named Lake George. The town is part of the Glens Falls Metropolitan Statistical Area.- History :The lake was...
town line at Plum Point and east to Warner Bay. Some land south of Route 9L — such as in the vicinity of Joshua Rock, Dunhams Bay, and between Harris and Warner Bays — would also have been part of the village. The area along Pilot Knob Road from Route 9L northward until Point Comfort were also to have been included. East Lake George village would have encompassed approximately 4.5 square miles (11.7 km²) of land.
Demographics
Firm demographics specific to this community are not available, as its incorporation was not proposed until after the 2000 census. The hamlet does not lie within a census-designated placeCensus-designated place
A census-designated place is a concentration of population identified by the United States Census Bureau for statistical purposes. CDPs are delineated for each decennial census as the statistical counterparts of incorporated places such as cities, towns and villages...
.
Court documents indicate the number of alleged residents to be 801 in 2009, with the number of non-seasonal residents estimated to be 700 in 2005.