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ELMWOOD-UTICA v. SEWER AUTH.

65 N.Y.2d 489 (1985)

Elmwood-Utica Houses, Inc., Respondent-Appellant, v. Buffalo Sewer Authority, Appellant-Respondent. Diocese of Buffalo, N. Y., Council of Churches, et al., Intervenors-Appellants-Respondents; County of Erie, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided July 11, 1985.

Attorney(s) appearing for the Case

James J. McLoughlin, Acting Corporation Counsel (Michael B. Risman of counsel), for appellant-respondent.

Kevin Kennedy and Charles S. Desmond for intervenors-appellants-respondents.

Richard T. Sullivan for respondent-appellant.

Eugene F. Pigott, Jr., County Attorney (Alan P. Gerstman of counsel), for intervenor-respondent.

Charles J. Tobin, Jr., and Joseph P. McCale for the Council of Churches of New York State and others, amici curiae.

Chief Judge WACHTLER and Judges JASEN, KAYE and TITONE concur with Judge ALEXANDER; Judge SIMONS dissents and votes to affirm in a separate opinion in which Judge MEYER concurs.

ALEXANDER, J.

The Appellate Division has determined that section 1180 of the Public Authorities Law, as amended by section 1 of chapter 862 of the Laws of 1981, and section 2 of said chapter are constitutional, but that the method employed by defendant, Buffalo Sewer Authority (BSA), to determine sewer rents is unauthorized by that statute. We agree that the statute...

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