Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff commenced this action seeking a declaration that certain billing practices of the Department of Water of the City of Oswego as authorized by the Common Council of the City of Oswego are unconstitutional. Since 1973 only single-family, owner-occupied homes in the City of Oswego have been billed for their water usage at a flat rate. Furthermore...
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