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VIL. OF WEBSTER v. WEBSTER

183 Misc.2d 956 (1999)

707 N.Y.S.2d 747

VILLAGE OF WEBSTER, Plaintiff, v. TOWN OF WEBSTER et al., Defendants.

Supreme Court, Monroe County.

April 1, 1999.

Attorney(s) appearing for the Case

Robert L. Burkwit, Rochester, for plaintiff.

Harris, Beach & Wilcox, L. L. P., Rochester (Joseph D. Picciotti of counsel), for Town of Webster, defendant.

Harter, Secrest & Emery L. L. P., Rochester (Edward F. Premo, II, of counsel), for Monroe County Water Authority, defendant.

Fix, Spindelman, Brovitz, Turk, Himelein & Shukoff, Rochester (Jerry A. Goldman of counsel), for Heritage Park, L. L. C., and another, defendants.

Place & Arnold, Fairport (Robert M. Place of counsel), for Monroe Roadways, Inc., defendant.

OPINION OF THE COURT

KENNETH R. FISHER, J.

Plaintiff moves for a preliminary injunction restraining defendants from trespassing on and interfering with the waterlines and facilities within a territory described by plaintiff as the "Direct Retail District" and all extensions thereto and interfering with the plaintiff's ability to supply water to this area. The motion was made when the Town, pursuant to a July 23, 1998 Interim Agreement with the Village, sought...

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