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SHELDON v. TOWN OF HIGHLANDS

73 N.Y.2d 304 (1989)

Theodore H. Sheldon et al., Respondents, v. Town of Highlands, Appellant, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 28, 1989.

Attorney(s) appearing for the Case

Myron I. Mandel for appellant.

Samuel W. Eager, Jr., for Theodore H. Sheldon and another, respondents.

Robert Abrams, Attorney-General (Julie S. Mereson, O. Peter Sherwood and Peter H. Schiff of counsel), in his statutory capacity under section 71 of the Executive Law.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

KAYE, J.

In 1983, in response to a special home rule request, the Legislature enacted a law redefining the boundaries of an established sewer improvement district within the Town of Highlands. Petitioners, whose property was affected by the statute, contend that they were denied due process of law because there was no notice or hearing prior to the Town's request for the special legislation or the Legislature...

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