Nassau County v. South Farmingdale Water District

Decision Date21 December 1978
CitationNassau County v. South Farmingdale Water District, 413 N.Y.S.2d 921, 46 N.Y.2d 794 (N.Y. 1978)
CourtNew York Court of Appeals Court of Appeals
Parties, 386 N.E.2d 832 COUNTY OF NASSAU, Appellant, v. SOUTH FARMINGDALE WATER DISTRICT, Respondent.

Order affirmed, with costs, on the opinion by Mr. Justice Joseph A. Suozzi at the Appellate Division (62 A.D.2d 380, 405 N.Y.S.2d 742), recognizing, as a caveat, however, that the demarcation between governmental or proprietary interests in property owned or operated by government or its subdivisions no longer is as clear...

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9 cases
  • City and County of Denver v. Mountain States Tel. and Tel. Co.
    • United States
    • Colorado Supreme Court
    • May 23, 1988
    ... ... of Appeals reversed the judgment of the Denver District Court granting summary judgment in favor of Denver. We ... recited a number of cases that held that providing water and sewer facilities is an exercise of a municipality's ... & Hous. Agency v. South Cent. Bell Tel. Co., 562 S.W.2d 438, 445 (Tenn.App.1978) ... 2d 608, 611 (1981) (sewer construction); County of Nassau v. South Farmingdale Water Dist., 62 A.D.2d 380, 390-91, ... ...
  • Morningstar Water Users Ass'n, Inc. v. Farmington Mun. School Dist. No. 5
    • United States
    • New Mexico Supreme Court
    • July 25, 1995
    ...See generally County of Nassau v. South Farmingdale Water Dist., 62 A.D.2d 380, 405 N.Y.S.2d 742, 744-49, aff'd, 46 N.Y.2d 794, 413 N.Y.S.2d 921, 386 N.E.2d 832 (1978). We agree with this assessment and believe that the differentiation between the governmental and proprietary roles of a mun......
  • Koch v. Dyson
    • United States
    • New York Supreme Court — Appellate Division
    • March 23, 1982
    ...by government or its subdivisions no longer * * * as clear as it was in the past" (see County of Nassau v. South Farmingdale Water Dist., 46 N.Y.2d 794, 796, 413 N.Y.S.2d 921, 386 N.E.2d 832; Nehrbas v. Incorporated Vil. of Lloyd Harbor, 2 N.Y.2d 190, 159 N.Y.S.2d 145, 140 N.E.2d 241; Peopl......
  • City of Rochester, Matter of
    • United States
    • New York Court of Appeals Court of Appeals
    • October 20, 1988
    ...of the distinction" (County of Nassau v. South Farmingdale Water Dist., 62 A.D.2d 380, 387, 405 N.Y.S.2d 742, affd. 46 N.Y.2d 794, 796, 413 N.Y.S.2d 921, 386 N.E.2d 832 [in affirming, this court added, "the demarcation between governmental or proprietary interests in property owned or opera......
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