Middle Atlantic Utilities Co. v. SMW Development Corp.

CourtUnited States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
Writing for the CourtLevin & Weissman, New York City, for plaintiff
Citation240 F. Supp. 272
PartiesMIDDLE ATLANTIC UTILITIES CO., Plaintiff, v. S.M.W. DEVELOPMENT CORP., Sullivan County Land & Development Corp. and J. Ballay & Co., Inc., Defendants.
Decision Date06 April 1965

240 F. Supp. 272

MIDDLE ATLANTIC UTILITIES CO., Plaintiff,
v.
S.M.W. DEVELOPMENT CORP., Sullivan County Land & Development Corp. and J. Ballay & Co., Inc., Defendants.

United States District Court S. D. New York.

April 6, 1965.


Levin & Weissman, New York City, for plaintiff.

Stroock & Stroock & Lavan, New York City, for defendant S.M.W. Development Corp.

William H. Arkin, New York City, for defendant J. Ballay & Co., Inc.

BONSAL, District Judge.

Plaintiff, Middle Atlantic Utilities Co., as "assignee" of Rock Hill Sewerage Disposal Corp. (Rock Hill), has instituted this action against S.M.W. Development Corp. and J. Ballay & Co., Inc., seeking to collect sewer rates alleged to be due to Rock Hill on building plots owned by the defendants, pursuant to a resolution adopted by the Town Board of the Town of Thompson, Sullivan County, New York, on or about October 22, 1960. Plaintiff moves for summary judgment and for the striking of the answer of the defendant J. Ballay & Co., Inc.; and the defendant S.M.W. Development Corp. moves for summary judgment dismissing the complaint against it. The resolution of the Town Board of the Town of Thompson provides as follows:

"WHEREAS, the Town Board of the Town of Thompson has previously formed a Sewer District covering a development known as the Lake Louise Marie Development, and
"WHEREAS, since that time, the said sewer system and sewer plant have been completed in accordance with plans and specifications previously approved by the New York State Board of Health, and
"WHEREAS, since the formation of the aforesaid Sewer District, the Laws of the State of New York have been amended to provide for the ownership in operation of sewer systems by private corporations pursuant to Chapter 1067 of the Laws of 1960, and
"WHEREAS, a Petition has been presented to the Town Board of the Town of Thompson requesting the consent of the Town to the formation of a private sewer corporation to be known as the Rock Hill Sewerage Disposal Corporation and also
240 F. Supp. 273
that the Town of Thompson approve an annual sewerage charge of $60.00 for each building plot, and further requesting that in the event of the establishment of a legally constituted private sewer corporation, that the Town of Thompson dissolve the Sewer District previously formed.
"NOW, THEREFORE, BE IT RESOLVED:
"1. That the Town of Thompson does hereby consent to the formation of a private sewer corporation to be known and owned under the name of Rock Hill Sewerage
...

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1 practice notes
  • Middle Atlantic Utilities Co. v. SMW Development Corp., No. 291
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • April 2, 1968
    ...what was the effect of the 1961 agreement between Rock Hill and S. M. W.? Middle Atlantic Utilities Co. v. S. M. W. Development Corp., 240 F.Supp. 272 (S.D. The Town Board responded by clarifying its 1960 intentions in a June 15, 1965 resolution. It resolved that it had intended the $60.00 ......
1 cases
  • Middle Atlantic Utilities Co. v. SMW Development Corp., No. 291
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • April 2, 1968
    ...what was the effect of the 1961 agreement between Rock Hill and S. M. W.? Middle Atlantic Utilities Co. v. S. M. W. Development Corp., 240 F.Supp. 272 (S.D. The Town Board responded by clarifying its 1960 intentions in a June 15, 1965 resolution. It resolved that it had intended the $60.00 ......

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