Hyperlawhypertext legal databasebeta In re the Arbitration between the Village of Canastota & Queensboro Farm Products, Inc. 36 N.Y.2d 793

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In re the Arbitration between the Village of Canastota & Queensboro Farm Products, Inc.

36 N.Y.2d 793 Court N.Y. Decision date 1975-04-03 English

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p. 793
In the Matter of the Arbitration between the Village of Canastota, Respondent, and Queensboro Farm Products, Inc., Appellant.
Argued March 21, 1975;
decided April 3, 1975
Charles T. Beeching, Jr., Thomas S. Evans and Joe Schapiro for appellant.
p. 794
Ralph J. Balducci, Village Attorney (Dante M. Scaccia and Richard J. Brickwedde of counsel), for respondent.

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.

Statutes and regulations cited