In Re the Arbitration Between the Village of Canastota & Queensboro Farm Products, Inc.

New York Court of Appeals

In Re the Arbitration Between the Village of Canastota & Queensboro Farm Products, Inc.

330 N.E.2d 648, 36 N.Y.2d 793, 369 N.Y.S.2d 700, 1975 N.Y. LEXIS 1833

New York Court of Appeals·Decided April 3, 1975·Published·Cited by 4 cases

Opinion

Memorandum. Subdivision 2 of section 452 of the General Municipal Law provides, in pertinent part, that "sewer rents may be established and imposed only by * * * local law or ordinance” in the case of villages such as the petitioner.

In light of this specific restriction petitioner lacked authority to establish sewer rates by contract, and therefore the contract of 1966 was of no force and effect.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, with costs, in memorandum.

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Memorandum. Subdivision 2 of section 452 of the General Municipal Law provides, in pertinent part, that "sewer rents may be established and imposed only by * * * local law or ordinance” in the case of villages such as the petitioner.

In light of this specific restriction petitioner lacked authority to establish sewer rates by contract, and therefore the contract of 1966 was of no force and effect.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, with costs, in memorandum.

In Re the Arbitration Between the Village of Canastota & Queensboro Farm Products, Inc., 330 N.E.2d 648, 36 N.Y.2d 793, 369 N.Y.S.2d 700, 1975 N.Y. LEXIS 1833 (N.Y. 1975).

Pincite

330 N.E.2d 648 (In Re the Arbitration Between the Village of Canastota & Queensboro Farm Products, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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