Larsen Baking Co. v. City of New York
| Decision Date | 28 May 1969 |
| Citation | 303 N.Y.S.2d 80,250 N.E.2d 356,24 N.Y.2d 1036 |
| Parties | , 250 N.E.2d 356 LARSEN BAKING CO., Inc., et al., Appellants, v. CITY OF NEW YORK, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 30 A.D.2d 400, 292 N.Y.S.2d 145.
Scribner & Miller, New York City, for plaintiffs-appellants.
J. Lee Rankin, New York City (Stanley Buchsbaum, Brooklyn, Irving Genn, New York City, of counsel), for respondent.
Action was brought by bakeries against the City of New York for a declaratory judgment that in computing amount of industrial user's sewer surcharge, its excess pollutant concentration be tested individually rather than be calculated on basis of an average for the industry obtained by testing a number of plants constituting a representative cross-section of the industry.
The Administrative Code, § 687--1.0 was designed to combat pollution by requiring industries that contributed thereto to help pay the cost of treating it. It provides that sewage or industrial wastes containing pollutants in excess of permissible levels may not be discharged into sewer system except with permission of the Commissioner of Public Works and according to rules and regulations to be adopted by him. It provides that firms may be required to install such equipment as is necessary to allow accurate gauging and sampling of their wastes at their own expense.
The Supreme Court, Special Term, Kings County, Nicholas M. Pette, J., entered a judgment in favor of the bakers, and the City of New York appealed.
The Appellate Division entered an order July 22, 1968, and an amended order October 4, 1968, which reversed, on the law and facts, the judgment of the Special Term, remanded the case to the Special Term for determination of the proper sewer surcharges as to each plaintiff-bakery, and declared that the Administrative Code, § 687--1.0 and the rules and regulations issued pursuant thereto by the Commissioner are constitutional insofar as they pertain to sewer charges applied to plaintiff-bakeries. The Appellate Division held that the Administrative Code, § 687--1.0 and the rules and regulations of the Commissioner pursuant thereto, permitting computation of amount of industrial user's sewer surcharge on basis of industry average are not unconstitutional as applied to sweetgoods wholesaler bakers and does not deny equal protection of the law.
The plaintiff-bakers appealed to the Court of Appeals.
Judgment affirmed, with costs,...
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