[6] In March 2009, a third petition was submitted[4] and subsequently rejected because there weren't enough signatures from Fort Ann residents.

[7] 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'.

The court did not subscribe to Hall's interpretation of the law, instead supporting the petitioners' 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.

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.