INC. VIL. OF ATL. BEACH v. KIMMEL


48 Misc.2d 193 (1965)

Incorporated Village of Atlantic Beach, Plaintiff, v. Abel Kimmel et al., Constituting the Board of Sanitary Commissioners, Sanitary District No. 14, Town of Hempstead, Defendants.

Supreme Court, Special Term, Nassau County.

November 9, 1965


Attorney(s) appearing for the Case

Lapp & Schacher (Charles Lapp of counsel), for plaintiff. Chave & Chave (Kenneth Chave of counsel), for defendants.


THOMAS P. FARLEY, J.

In this action for a declaratory judgment, the plaintiff Village of Atlantic Beach seeks to establish in itself sole and exclusive power and jurisdiction to provide for the collection and removal of garbage and refuse within its territorial limits. A permanent injunction is also sought (1) to restrain the defendant sanitary district from providing these services, (2) from levying taxes against...

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