Opinion · Nylaw New York

HAMBURG ASSOC. LTD. v. BOARD OF MANAGERS, 129 A.D.2d 990 [4th Dept 1987]

HAMBURG ASSOCIATES Ltd. P’ship, Respondent, v. Bd. OF MANAGERS OFERIE COUNTY SEWER Dist. No. 3 et al., Appellants., 129 A.D.2d 990 (Appellate Division of the Supreme Court of New York, Fourth Department. 1987)

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1987-04-03
Topic: general

HAMBURG ASSOC. LTD. v. BOARD OF MANAGERS, 129 A.D.2d 990 [4th Dept 1987] HAMBURG ASSOCIATES LIMITED PARTNERSHIP, Respondent, v. BOARD OF MANAGERS OFERIE COUNTY SEWER DISTRICT No. 3 et al., Appellants.Appellate Division of the Supreme Court of New York, Fourth Department. April 3, 1987 Appeal from the Supreme Court, Erie County, Fudeman, J.

Citator

UpLaw has not yet analyzed HAMBURG ASSOC. LTD. v. BOARD OF MANAGERS, 129 A.D.2d 990 [4th Dept 1987]. The absence of a flag is not a finding that it is good law.

HAMBURG ASSOC. LTD. v. BOARD OF MANAGERS,129 A.D.2d 990[4th Dept 1987]

HAMBURG ASSOCIATES LIMITED PARTNERSHIP, Respondent, v. BOARD OF MANAGERS OF

ERIE COUNTY SEWER DISTRICT No. 3 et al., Appellants.

Appellate Division of the Supreme Court of New York, Fourth Department.

April 3, 1987

Appeal from the Supreme Court, Erie County, Fudeman, J.

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 RochesterPure Waters Dist.,37 N.Y.2d 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.

Present — Dillon, P.J., Boomer, Green, Balio and Lawton, JJ.