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New York Court of Appeals, 1975

In Re the Arbitration Between the Village of Canastota & Queensboro Farm Products, Inc.

In Re the Arbitration Between the Village of Canastota & Queensboro Farm Products, Inc.
New York Court of Appeals · Decided April 3, 1975 · Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke Concur
36 N.Y.2d 793; 369 N.Y.S.2d 700; 330 N.E.2d 648; 1975 N.Y. LEXIS 1833

In Re the Arbitration Between the Village of Canastota & Queensboro Farm Products, Inc.

Opinion

Memorandum. Subdivision 2 of section 452 of the General Municipal Law provides, in pertinent part, that "sewer rents may be established and imposed only by * * * local law or ordinance” in the case of villages such as the petitioner.

In light of this specific restriction petitioner lacked authority to establish sewer rates by contract, and therefore the contract of 1966 was of no force and effect.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, with costs, in memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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