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NY TEL. CO. v. AMSTERDAM

159 Misc.2d 20 (1993)

602 N.Y.S.2d 505

New York Telephone Company, Plaintiff, v. City of Amsterdam, Defendant.

Supreme Court, Montgomery County.

July 6, 1993

Attorney(s) appearing for the Case

Tobin & Dempf (John T. Mitchell of counsel), for plaintiff. Felix J. Catena, Corporation Counsel of Amsterdam, for defendant.

JAMES N. WHITE, J.

Plaintiff has commenced this declaratory judgment action challenging that portion of an ordinance enacted by the defendant on July 10, 1992 which requires an applicant for a street excavation permit to pay a fee of $13 per square foot of excavation occurring within the paved portion of a public right of way, sidewalk or greenbelt portion of the right of way (Amsterdam City Code, ch 141, ...

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