MATTER OF HERITAGE HILLS SEWAGE WORKS CORP. v. TOWN BD. OF SOMERS


189 A.D.2d 816 (1993)

In the Matter of Heritage Hills Sewage Works Corporation, Appellant, v. Town Board of Somers et al., Respondents

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

January 19, 1993


Ordered that the judgment is reversed, on the law, without costs or disbursements, the determination is annulled, and the matter is remitted to the respondent Town Board of Somers for reconsideration of the petitioner's application.

The petitioner Heritage Hills Sewer Works is the wholly-owned subsidiary of the developer of a condominium complex in the Town of Somers, Westchester County. Residents pay a monthly charge for sewer services rather than a metered rate...

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