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MATTER OF BENNETT ROAD SEWER COMPANY, INC. v. TOWN BOARD OF TOWN OF CAMILLUS

273 A.D.2d 902 (2000)

709 N.Y.S.2d 768

In the Matter of 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.

Decided June 16, 2000.

Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to respondent Town Board of Town of Camillus for further proceedings in accordance with the following Memorandum: The facts of this case are set forth in our prior decision in Bennett Rd. Sewer Co. v Town Bd. (243 A.D.2d 61). Following our dismissal of that part of the action seeking certain declaratory relief based on the failure...

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