VIDEO AID v. TOWN OF WALLKILL


85 N.Y.2d 663 (1995)

651 N.E.2d 886

628 N.Y.S.2d 18

Video Aid Corp. et al., Respondents, v. Town of Wallkill, Appellant.

Court of Appeals of the State of New York.

Decided May 11, 1995.


Attorney(s) appearing for the Case

Monte J. Rosenstein, Middletown, for appellant.

Burt J. Blustein, Middletown, for respondents.

Chief Judge KAYE and Judges SIMONS and SMITH concur with Judge CIPARICK; Judge BELLACOSA dissents and votes to affirm in a separate opinion in which Judges TITONE and LEVINE concur.


CIPARICK, J.

Plaintiffs remitted $27,000 to defendant in satisfaction of sewer and water tap-in fees due in conjunction with their application for a building permit to proceed with their planned renovation of new business premises in Wallkill. The fees, adopted by defendant in response to mandates imposed by the State and Federal governments to upgrade Wallkill's sewer...

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