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JERICHO WATER v. ONE CALL

10 N.Y.3d 385 (2008)

887 N.E.2d 1142

858 N.Y.S.2d 84

JERICHO WATER DISTRICT, Respondent, v. ONE CALL USERS COUNCIL, INC., et al., Appellants.

Court of Appeals of the State of New York.

Decided May 1, 2008.

Attorney(s) appearing for the Case

Wilder & Linneball, LLP, Buffalo (Laura A. Linneball of counsel), and Murphy, Bartol & O'Brien, LLP, Mineola (Robert Garfinkle of counsel), for appellants.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

All operators of underground facilities (pipes, cables, wires and the like) are required by statute to participate in a "one-call notification system," so that someone planning excavation may easily find out in advance where those facilities are. The costs of the one-call system are apportioned among the operators who belong to it, but "municipalities" are exempt from paying a share of the costs. We decide in this case that...

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