Hamburg Associates Limited Partnership v. Board of Managers of Erie County Sewer District No. 3

Appellate Division of the Supreme Court of New York

Hamburg Associates Limited Partnership v. Board of Managers of Erie County Sewer District No. 3

129 A.D.2d 990, 514 N.Y.S.2d 298, 1987 N.Y. App. Div. LEXIS 45674

Appellate Division of the Supreme Court of the State of New York·Decided April 3, 1987·Published·Cited by 1 cases

Opinion

Judgment unanimously affirmed with costs. Memorandum: We agree with Special Term that the $65,100 sewer connection charge imposed by the County Sewer District is not authorized by County Law § 266. That section authorizes charges "for the collection, treatment and disposal of sewage”, which are in the nature of "user charges” (see, Young Men’s Christian Assn. v Rochester Pure Waters Dist., 37 NY2d 371, 377) similar to "rate schedules for water sold” and "sewer rents” (County Law § 266 [1]). The section contemplates periodic charges for services actually used, not a lump-sum charge for anticipated use. (Appeal from judgment of Supreme Court, Erie County, Fudeman, J.—summary judgment, declaratory judgment.) Present—Dillon, P. J., Boomer, Green, Balio and Lawton, JJ.

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Judgment unanimously affirmed with costs. Memorandum: We agree with Special Term that the $65,100 sewer connection charge imposed by the County Sewer District is not authorized by County Law § 266. That section authorizes charges "for the collection, treatment and disposal of sewage”, which are in the nature of "user charges” (see, Young Men’s Christian Assn. v Rochester Pure Waters Dist., 37 NY2d 371, 377) similar to "rate schedules for water sold” and "sewer rents” (County Law § 266 [1]). The section contemplates periodic charges for services actually used, not a lump-sum charge for anticipated use. (Appeal from judgment of Supreme Court, Erie County, Fudeman, J.—summary judgment, declaratory judgment.) Present—Dillon, P. J., Boomer, Green, Balio and Lawton, JJ.

Hamburg Associates Limited Partnership v. Board of Managers of Erie County Sewer District No. 3, 129 A.D.2d 990, 514 N.Y.S.2d 298, 1987 N.Y. App. Div. LEXIS 45674 (N.Y. Ct. App. 1987).

Pincite

129 A.D.2d 990 (Hamburg Associates Limited Partnership v. Board of Managers of Erie County Sewer District No. 3) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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