Hasenoehrl Leasing, Inc. v. Town of Hamburg
Opinion of the Court
Judgment unanimously affirmed with costs. Memorandum: Petitioner brought this CPLR article 78 proceeding to compel respondents to continue to supply water through its existing service line and to enjoin respondents from requiring it to install a new service line. Supreme Court dismissed the petition. We affirm. The Authority’s regulations permit the termination of water service where, as here, there is a "[wjillful waste by use of water through improper and imperfect pipes” (Erie County Water Authority Tariff § 2.36 [B]). Moreover, petitioner, as the property owner, is legally responsible for the expense of installing and maintaining the service line for its property (see, Town Law § 198 [3] [a]; Erie County Water Authority Tariff § 4.04). Respondents acted appropriately and within their authority in terminating service through the service line and in directing petitioner to install a new one.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.