ZURAT v. TOWN OF STOCKPORT


142 A.D.2d 1 (1988)

In the Matter of John Zurat et al., Appellants, v. Town of Stockport et al., Respondents

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

November 10, 1988


Attorney(s) appearing for the Case

Francis J. Roche for appellants.

Connor, Curran & Schram (Sterling T. Goodspeed and Daniel J. Tuczinski of counsel), for Town of Stockport, respondent.

Carl G. Whitbeck, Jr., County Attorney (John M. Leonardson of counsel), for County of Columbia, respondent.

MAHONEY, P. J., MIKOLL, LEVINE and HARVEY, JJ., concur.


YESAWICH, JR., J.

Respondent Town of Stockport has issued water bills to each real property owner within its Water District No. 3 which has facilities using water or capable of using water, including petitioners, from 1980 through 1987. In 1980 and again in 1981, petitioners successfully brought CPLR article 78 proceedings against the town to have the 1980 and 1982 billings annulled. Petitioners then ignored subsequent...

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