Justice F. Dana Winslow
Objectants moved for an order annulling a petition filed with the Town of Oyster Bay Town Clerk requesting a referendum vote on a resolution. The Town Board adopted a resolution approving the sale of certain real property to Oyster Bay Realty for $32.5 million. The petition filed with the clerk requested taking a referendum vote on the resolution which contained the question of whether the property should be sold. Objectants raise the issue of whether there were sufficient valid signatures requesting the vote. The court found that 4976 signatures were facially valid. The next issue was if the description of the referendum question was misleading and contained ambiguities. Objectants alleged that if so, the petition for permissive referendum was invalid. The court found that while the referendum may have been "inartfully drawn," it was neither misleading, nor did it contain blatant ambiguities. It ruled the high standard of "misleading, blatantly ambiguous or illegal" imposed in Election Law §4-108 was not demonstrated by objectants. The court concluded no fraud existed in the context of objectants' claims, denying the petition, and lifting the temporary restraining order.
