Village of Westfield, N.Y., Plaintiff-Counter-Defendant-Appellee v. Welch's, Defendant-Counter-Claimant-Appellant

I. INTRODUCTION

OAKES, Senior Circuit Judge:

This action arises out of the Village of Westfield’s calculation of “user charges,” which are imposed against Welch Foods, Inc. to finance the operation and maintenance costs for the Village’s Water Pollution Control Plant. The district court stayed this action because a pending proceeding in New York state court was also addressing the legality of the user charges. The sole ques tion before us is whether this action should have been stayed.

II. BACKGROUND

A. Factual Background

In the early 1970s, the Village of Westfield was required to construct or…