Central School District No. 1 v. Village of Schoharie
Opinion of the Court
Appeal from a judgment of the Supreme Court, entered January 29, 1973 in Schoharie County, which adjudged null and void a resolution passed by the Board of Trustees of defendant village fixing water and sewer rents to be charged plaintiff, and dismissed the counterclaim for water and sewer rents for stated periods, plus penalties for late payment. On July 15, 1970, defendant’s Board of Trustees, acting as the Board of Water Commissioners, adopted a resolution fixing the annual water rent for plaintiff school district at $4,000 per year, effective September 1, 1970, the effective date thereafter having been deferred for one year. Based thereon and according to a 2.85 multiple applied throughout the Village of Schoharie, plaintiff’s yearly sewer rent, after the deferred effective date, was determined to be $11,400. Plaintiff’s water rent has been based on a “flat rate” fixed by the Board of Trustees. In 1958, $1,200 was charged. In 1966, the rates for all water consumers were increased 25% so that plaintiff’s rate became $1,500. An across the board increase of 20% in 1968 raised plaintiff’s yearly bill to $1,800, which remained in effect until September 1, 1970 when the amount in dispute became applicable. In the 1969-1970 school year, the combined water and sewer bill was $3,510 when the school population was 1,575; in 1970-71, the bill was $6,930 with a population of 1,600; and in 1971-72 the bill rose to $15,400 with a population of 1,625. Defendant’s Mayor, testifying as to factors considered in establishing the challenged rate, noted: an increase in school facilities over a 12-year period including 10 mobile classrooms, six permanent classrooms, a new gymnasium, cafeterias and an increased enrollment (from about 1,200 in 1958 to about 1,600 in 1970), with corresponding increases in teachers and other personnel; and an oversight in not charging plaintiff a 50% across the board rate increase in 1959. He conceded: that the board had not used the number of students as a mathematical basis in determining the new rate;
Case-law data current through December 31, 2025. Source: CourtListener bulk data.