PRESS v. COUNTY OF MONROE


50 N.Y.2d 695 (1980)

Elliott H. Press et al., Appellants, v. County of Monroe et al., Respondents.

Court of Appeals of the State of New York.

Decided July 1, 1980.


Attorney(s) appearing for the Case

Warren B. Rosenbaum for appellants.

John D. Doyle, County Attorney (William D. Sheldon, III, and Sergeant W. Wise of counsel), for respondents.

Chief Judge COOKE and Judges GABRIELLI, WACHTLER, FUCHSBERG and MEYER concur with Judge JONES; Judge JASEN dissents and votes to reverse in a separate opinion.


JONES, J.

An action for a judgment declaring invalid the assessment rolls of a sewer district as affirmed and adopted by the county legislature pursuant to section 271 of the County Law on the ground that the underlying rate schedule was unconstitutional is time-barred unless instituted within four months after such affirmation and adoption.

Plaintiffs are the owners of property improved with garden apartments...

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