HAMBURG ASSOCS. LTD. P'SHIP v. BD. OF MANAGERS OF ERIE COUNTY SEWER DIST. NO. 3


129 A.D.2d 990 (1987)

Hamburg Associates Limited Partnership, Respondent, v. Board of Managers of Erie County Sewer District No. 3 et al., Appellants

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

April 3, 1987


Judgment unanimously affirmed with costs.

Memorandum:

We agree with Special Term that the $65,100 sewer connection charge imposed by the County Sewer District is not authorized by County Law § 266. That section authorizes charges "for the collection, treatment and disposal of sewage", which are in the nature of "user charges" (see, Young Men's Christian Assn. v Rochester Pure Waters Dist., 37 N.Y.2d 371

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