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IN THE MATTER OF 77 REALTY, LLC v. NEW YORK CITY WATER BOARD

16 A.D.3d 247 (2005)

792 N.Y.S.2d 36

In the Matter of 77 REALTY, LLC, et al., Appellants, v. NEW YORK CITY WATER BOARD et al., Respondents.

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

March 22, 2005

We reject petitioners' argument that the surcharge does not further the stated purpose of water conservation. The surcharge was imposed because petitioners neither installed water meters in their buildings nor requested the City to do so by the deadline contained in the applicable rate schedule. While it is true that the mere installation of a water meter at a particular building will not save water as long as the owner of that building can elect to be billed on a frontage...

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