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MTR OF PROMETHEUS v. NYC BD.

No. 130.

30 N.Y.3d 639 (2017)

2017 NY Slip Op 08801

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

Court of Appeals of New York.

Decided December 19, 2017.

Attorney(s) appearing for the Case

Zachary W. Carter , Corporation Counsel, New York City ( Melanie T. West , Richard Dearing and Devin Slack of counsel), for appellants.

Herrick, Feinstein LLP, New York City ( Michael Berengarten and Jared D. Newman of counsel), for respondents.

Quinn Emanuel Urquhart & Sullivan, LLP, New York City ( Steven M. Edwards and Daniel P. Mach of counsel), and Lawrence Levine , Natural Resources Defense Council, New York City, for Natural Resources Defense Council and another, amici curiae.

Judges STEIN, GARCIA, WILSON and FEINMAN concur; Judge RIVERA dissents in an opinion, in which Chief Judge DiFIORE concurs.

OPINION OF THE COURT

The New York City Water Board collects revenues to keep the City's water and sewer systems financially self-sustaining. Since the early 1990s, to serve the goal of water conservation, the Water Board has been ushering in a transition from flat-rate fees based on...

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