MAMAKATING – The Appellate Division
of State Supreme Court on Thursday reversed a lower court’s order
declaring the annexation of 200 acres of land from the Town of Mamakating
to the Village of Bloomingburg as illegal.
Mamakating officials said they will appeal the decision to the state Court of Appeals, saying the annexation is “unconstitutional.”
State Supreme Court Justice Stephan Schick ruled in July 2014 that the annexation was void because the special election mandated by the state constitution required to give the affected residents their right to vote on the annexation was never held.
Developer Shalom Lamm appealed that ruling in an effort to continue construction of his housing projects.
Mamakating Town Attorney Benjamin Gailey said the town is disappointed in that the court did not address “the primary issue in the case, which is that the state constitution explicitly states that there shall be no annexation of territory until a special election is held for the voters who reside in that territory.” Galley said the mandated election was not held.
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