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MATTER OF HULL v. WARRENSBURG

207 A.D.2d 37 (1994)

In the Matter of James S. Hull, Appellant, v. Town of Warrensburg et al., Respondents

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

December 29, 1994

Attorney(s) appearing for the Case

McClung, Peters & Simon, Albany (John W. Scott of counsel), for appellant.

John S. Hall, Jr., Warrensburg, for respondents.

CARDONA, P. J., MERCURE, WHITE and CASEY, JJ., concur.

PETERS, J.

Respondent Town Board of the Town of Warrensburg (hereinafter the Board) created Sewer District No. 1 in said Town and thereafter adopted a Sewer Use Ordinance (hereinafter the Ordinance) in 1992 establishing sewer rents for all property within the sewer district. The Ordinance imposed rents based upon "user units", defined as the flow from a typical residence of 2.3 persons. The Ordinance explicitly...

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