BENNETT RD. CO. v. TOWN BD.


243 A.D.2d 61 (1998)

672 N.Y.S.2d 587

Bennett Road Sewer Company, Inc., Respondent, v. Town Board of Town of Camillus et al., Appellants

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

April 29, 1998


Attorney(s) appearing for the Case

Dirk J. Oudemool, Syracuse, for appellant.

Hiscock & Barclay, Syracuse (Catherine Johnson and Clifford Wilson of counsel), for respondent.

DENMAN, P. J., HAYES, BALIO, BOEHM and FALLON, JJ., concur.


BOEHM, J.

Plaintiff is a "sewage-works corporation", so designated and organized pursuant to article 10 of the Transportation Corporations Law. This action stems from a long-standing dispute over the sewer rates recoverable by plaintiff for the use of its sewer facilities located in Camillus. On June 3, 1968, defendant Town of Camillus (Town) and Fabo S. Casale entered into an agreement providing for the formation...

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