Rock Hill Sewerage Disposal Corp. v. Town of Thompson

CourtNew York Supreme Court Appellate Division
Writing for the CourtBRINK; GIBSON, P.J., and HERLIHY, AULISI and STALEY, JJ., concur with BRINK
Citation27 A.D.2d 626,276 N.Y.S.2d 188
PartiesROCK HILL SEWERAGE DISPOSAL CORPORATION, Respondent, v. TOWN OF THOMPSON, Appellant.
Decision Date30 December 1966

Page 188

276 N.Y.S.2d 188
27 A.D.2d 626
ROCK HILL SEWERAGE DISPOSAL CORPORATION, Respondent,
v.
TOWN OF THOMPSON, Appellant.
Supreme Court, Appellate Division, Third Department.
Dec. 30, 1966.

Page 189

Herman A. Machson, Emanuel Gellman, Monticello, for appellant.

Vander Voort, Cline & MacVean, Kenneth A. MacVean, Middletown, for respondent.

Before GIBSON, P.J. and HERLIHY, AULISI, BRINK and STALEY, JJ.

BRINK, Justice.

Appeal from an order denying a motion to dismiss a complaint made pursuant to CPLR 3211(a).

In 1960, a Special Sewage District was formed in the Town of Thompson in Sullivan County, New York. Shortly thereafter in the same year, a private sewage disposal corporation was formed, pursuant to the Transportation Corporations Law, to service an area of the town known as Lake Louise Marie, Rock Hill, Sullivan County. This is a summer housing development, but only a fraction of the area has actually been developed. On October 22nd, 1960, a resolution was passed by the Town Board, pursuant to § 451 and § 452 of the General Municipal Law of the State of New York, providing for an annual sewerage charge of $60. for each building plot in the foregoing area and consenting to the formation of the private Sewerage Disposal Corporation.

On June 15, 1965, following the receipt of the petition, the Town Board passed another resolution which stated that when the prior resolution fixing the annual sewerage charge of $60. was passed, it was the intention of the Board that said charge was sewer rent and might be charged and payable when and only if made with respect to building plots connected to and making use of sewerage facilities.

Page 190

The plaintiff contends in this action that the resolution of 1965 was unconstitutional in that it deprived the plaintiff of property without due process of law.

[27 A.D.2d 627] In the complaint, plaintiff seeks a declaratory judgment that the ordinance is unconstitutional; it also demands judgment that the action of the Town Board on June 15th be stricken from the records and books of the Town; that in the event the Court finds the action of the defendant to be lawful, a condemnation commission be appointed; that in such event, the Town be directed to pay plaintiff the fair value of plaintiff's property and assets together with revenue from its investment.

The defendant contends that plaintiff's action is barred by the Statute of Limitations under CPLR 217. This section was formerly included in...

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13 practice notes
  • Romer v. Leary, No. 68 Civ. 4265.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • October 16, 1969
    ...20 N.Y.2d 227, 228, 282 N.Y.S.2d 487, 488, 229 N.E.2d 184, 185 (1967). 7 In Rock Hill Sewerage Disposal Corp. v. Town of Thompson, 27 A.D.2d 626, 276 N.Y.S.2d 188 (1966), the court disposed of defendant's Article 78—four month statute of limitations argument in the following manner: The def......
  • Long Island Power Auth. v. Anderson
    • United States
    • United States State Supreme Court (New York)
    • February 23, 2011
    ...Piers Management, Inc. v. Chapin, 7 A.D.3d 389, 777 N.Y.S.2d 97 (1st Dept.2004); Rock Hill Sewerage Disposal Corp. v. Town of Thompson, 27 A.D.2d 626, 276 N.Y.S.2d 188 (3rd Dept.1966). Defendants have cited no statute or case for authority to allow the defendants to impose a special ad valo......
  • People's Cable Corp. v. City of Rochester
    • United States
    • United States State Supreme Court (New York)
    • May 5, 1972
    ...has not proceeded in the manner authorized by law.' (Citing authorities.) In Rock Hill Sewerage Disposal Corporation v. Town of Thompson, 27 A.D.2d 626, 276 N.Y.S.2d 188 (1966), the court held that an 'Article 78 is not the only means available for the review of the constitutionality of gov......
  • 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
    ...of something which it never had legally acquired under the 1960 resolution. Rock Hill Sewerage Disposal Corporation v. Town of Thompson, 27 A.D.2d 626, 627, 276 N.Y.S.2d 188, 190 Meanwhile, in the federal court, in March 1966 plaintiff filed a notice of readiness for trial. However, in June......
  • Request a trial to view additional results
13 cases
  • Romer v. Leary, No. 68 Civ. 4265.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • October 16, 1969
    ...20 N.Y.2d 227, 228, 282 N.Y.S.2d 487, 488, 229 N.E.2d 184, 185 (1967). 7 In Rock Hill Sewerage Disposal Corp. v. Town of Thompson, 27 A.D.2d 626, 276 N.Y.S.2d 188 (1966), the court disposed of defendant's Article 78—four month statute of limitations argument in the following manner: The def......
  • Long Island Power Auth. v. Anderson
    • United States
    • United States State Supreme Court (New York)
    • February 23, 2011
    ...Piers Management, Inc. v. Chapin, 7 A.D.3d 389, 777 N.Y.S.2d 97 (1st Dept.2004); Rock Hill Sewerage Disposal Corp. v. Town of Thompson, 27 A.D.2d 626, 276 N.Y.S.2d 188 (3rd Dept.1966). Defendants have cited no statute or case for authority to allow the defendants to impose a special ad valo......
  • People's Cable Corp. v. City of Rochester
    • United States
    • United States State Supreme Court (New York)
    • May 5, 1972
    ...has not proceeded in the manner authorized by law.' (Citing authorities.) In Rock Hill Sewerage Disposal Corporation v. Town of Thompson, 27 A.D.2d 626, 276 N.Y.S.2d 188 (1966), the court held that an 'Article 78 is not the only means available for the review of the constitutionality of gov......
  • 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
    ...of something which it never had legally acquired under the 1960 resolution. Rock Hill Sewerage Disposal Corporation v. Town of Thompson, 27 A.D.2d 626, 627, 276 N.Y.S.2d 188, 190 Meanwhile, in the federal court, in March 1966 plaintiff filed a notice of readiness for trial. However, in June......
  • Request a trial to view additional results

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