STEVENS v. AMERICAN WATER SERVICES, INC.


32 A.D.3d 1188 (2006)

823 N.Y.S.2d 639

MARY ANN STEVENS et al., Individually and on Behalf of All Others Similarly Situated, Appellants, v. AMERICAN WATER SERVICES, INC., Formerly Known as AMERICAN ANGLIAN ENVIRONMENTAL TECHNOLOGIES, L.P., et al., Respondents. (Appeal No. 3.)

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

September 22, 2006.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this class action challenging the authority of defendants Buffalo Water Board (Water Board) and Buffalo Sewer Authority (Sewer Authority) to impose 21% surcharges on past due accounts of their water and sewer customers. Plaintiffs alleged, inter alia, that defendants were unjustly enriched by receipt of the surcharges...

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