GENESEE BREWING v. SODUS POINT


126 Misc.2d 827 (1984)

Genesee Brewing Company, Inc., Plaintiff, v. Village of Sodus Point, Defendant.

Supreme Court, Wayne County.

December 4, 1984


Attorney(s) appearing for the Case

Nesbitt & Nesbitt (John B. Nesbitt of counsel), for defendant. Nixon, Hargrave, Devans & Doyle (David M. Lascell of counsel), for plaintiff.


DAVID O. BOEHM, J.

The defendant, Village of Sodus Point (Village), moves to dismiss the complaint of the plaintiff, Genesee Brewing Company (Genesee), which is suing to recover payments made under the Village's sewer rent law. By cross motion, Genesee seeks to amend its complaint.

In the middle 1970's the Village constructed a sewage treatment plant to treat wastewater discharged by its residents and its only industrial user, Genesee. This project...

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