Home/New York Court of Appeals/In Re the Arbitration Between the Village of Canastota & Queensboro Farm Products, Inc.

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
CourtNew York Court of Appeals
DecidedApril 3, 1975
StatusPublished
Cited by4 cases

This text of 330 N.E.2d 648 (In Re the Arbitration Between the Village of Canastota & Queensboro Farm Products, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
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).

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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Bluebook (online)
330 N.E.2d 648, 36 N.Y.2d 793, 369 N.Y.S.2d 700, 1975 N.Y. LEXIS 1833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-the-village-of-canastota-queensboro-farm-ny-1975.