Liffiton v. Town of Amherst

Appellate Division of the Supreme Court of New York

Liffiton v. Town of Amherst

104 A.D.2d 721, 480 N.Y.S.2d 655, 1984 N.Y. App. Div. LEXIS 20141

Appellate Division of the Supreme Court of the State of New York·Decided September 21, 1984·Published

Opinion

— Order unanimously [722]*722affirmed, without costs. Memorandum: Special Term properly held that a factual question existed concerning whether the graduated sewer “tap-in” fees imposed by defendants pursuant to section 198 (subd 1, par [h]) of the Town Law are “greater than * * * reasonably necessary to cover the cost of issuance, inspection and enforcement” (Matter of Torsoe Bros. Constr. Corp. v Board of Trustees, 49 AD2d 461, 465). (Appeals from order of Supreme Court, Erie County, Gossel, J. — summary judgment.) Present — Dillon, P. J., Doerr, Green, Moule and Schnepp, JJ.

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— Order unanimously [722]*722affirmed, without costs. Memorandum: Special Term properly held that a factual question existed concerning whether the graduated sewer “tap-in” fees imposed by defendants pursuant to section 198 (subd 1, par [h]) of the Town Law are “greater than * * * reasonably necessary to cover the cost of issuance, inspection and enforcement” (Matter of Torsoe Bros. Constr. Corp. v Board of Trustees, 49 AD2d 461, 465). (Appeals from order of Supreme Court, Erie County, Gossel, J. — summary judgment.) Present — Dillon, P. J., Doerr, Green, Moule and Schnepp, JJ.

Liffiton v. Town of Amherst, 104 A.D.2d 721, 480 N.Y.S.2d 655, 1984 N.Y. App. Div. LEXIS 20141 (N.Y. Ct. App. 1984).

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104 A.D.2d 721 (Liffiton v. Town of Amherst) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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