Howitt Enterprises-Sweden, Inc. v. Monroe County Water Authority
Opinion of the Court
Appeal from a judgment (denominated order and judgment) of the Supreme Court, Monroe County (David M. Barry, J.), entered June 14, 2007 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.
Memorandum: Petitioners commenced this CPLR article 78 proceeding challenging the imposition of a quarterly fire service charge for fiscal year 2007 by respondent for service provided to private fire hydrants on petitioners’ properties. Supreme Court properly determined that the charge constitutes a permissible fee rather than an unauthorized tax and dismissed the petition (cf. Matter of Phillips v Town of Clifton Park Water Auth., 286 AD2d 834, 835-836 [2001], lv denied 97 NY2d 613 [2002]). Con
Case-law data current through December 31, 2025. Source: CourtListener bulk data.