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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 21, 1984

StatusPublished

This text of 104 A.D.2d 721 (Liffiton v. Town of Amherst) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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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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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.

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104 A.D.2d 721, 480 N.Y.S.2d 655, 1984 N.Y. App. Div. LEXIS 20141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liffiton-v-town-of-amherst-nyappdiv-1984.

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