TORSOE BROS. v. BD. OF TRS.


49 A.D.2d 461 (1975)

In the Matter of Torsoe Brothers Construction Corp., Appellant, v. Board of Trustees of the Incorporated Village of Monroe, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 1, 1975


Attorney(s) appearing for the Case

Joseph Deutsch and Paul J. LeVine (Joseph Deutsch of counsel), for appellant.

Albert Mishkin for respondent.

RABIN, Acting P. J., HOPKINS, CHRIST and SHAPIRO, JJ., concur.


MUNDER, J.

The basic issue presented upon this appeal is whether a village may constitutionally utilize the fees derived pursuant to a local water tap-in fee ordinance to help offset related general municipal expenditures.

The facts are substantially uncontroverted. The respondent, the Board of Trustees of the Incorporated Village of Monroe (Board), enacted a series of ordinances relating to the consumption...

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