Appellate Division of the Supreme Court of New York, 1979

Hilldale Estates Sewerage Disposal Corp. v. Town of Carmel

Hilldale Estates Sewerage Disposal Corp. v. Town of Carmel
Appellate Division of the Supreme Court of New York · Decided April 30, 1979
69 A.D.2d 897; 415 N.Y.S.2d 1010; 1979 N.Y. App. Div. LEXIS 11642
Hilldale Estates Sewerage Disposal Corp. v. Town of Carmel

Opinion of the Court

In a proceeding pursuant to CPLR article 78, inter alia, to review the sewer rate set by the respondent town board, petitioner appeals from a judgment of the Supreme Court, Putnam County, dated July 25, 1978, which, inter alia, determined that the actions of the town board in setting the rate were not arbitrary or capricious. Judgment affirmed, with $50 costs and disbursements payable to respondents-respondents. We do not agree with the statement of Special Term that the petitioner could maintain a civil suit against the individual property owners. Suozzi, J. P., Lazer, Gulotta, Shapiro and Cohalan, JJ., concur.

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