Heritage Hills Sewage Works Corp. v. Town Board of Somers

In a proceeding pursuant to CPLR article 78 to review a determination of the Town Board of the Town of Somers dated February 6, 2005, which, after a hearing, inter alia, granted the petitioner’s application for a rate increase in connection with its provision of sewage treatment services only to the extent of granting a 3.8% rate increase for such services, and prospectively allocated, to the petitioner’s existing customers, 80% of any future revenue that may be generated by the petitioner’s sale of excess sewage treatment capacity, the petitioner appeals from a judgment of the Supreme Court,…