Legal Opinion

Torsoe Bros. Construction Corp. v. Board of Trustees

Appellate Division of the Supreme Court of the State of New York

Decided December 1, 1975PublishedCited by 36 opinions

1Opinion of the CourtMunder, J.

The basic issue presented upon this appeal is whether a village may constitutionally utilize the fees derived pursuant to a local water tap-in fee ordinance to help offset related general municipal expenditures.

The facts are substantially uncontroverted. The respondent, the Board of Trustees of the Incorporated Village of Monroe (Board), enacted a series of ordinances relating to the consumption and use of water supplied by the village. Section 44-8 of the Village Code provides that no taps shall be made into the municipality’s water system unless a permit to do so is first obtained, and a…

2Cases cited9 opinions

  1. Lakeland Water District v. Onondaga County Water AuthorityNew York Court of Appeals · 1969
  2. Overhill Building Co. v. DelanyNew York Court of Appeals · 1971
  3. Whittaker v. Village of FranklinvilleNew York Court of Appeals · 1934
  4. Hanson v. GriffithsNew York Supreme Court · 1953
  5. Adlerstein v. City of New YorkNew York Supreme Court · 1958

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3Cited by36 opinions

  1. Suffolk County Builders Ass'n v. County of SuffolkNew York Court of Appeals · 1979
  2. Blue Sky Entertainment, Inc. v. Town of GardinerDistrict Court, N.D. New York · 1989
  3. New York Telephone Co. v. City of AmsterdamAppellate Division of the Supreme Court of the State of New York · 1994
  4. Coconato v. Town of EsopusAppellate Division of the Supreme Court of the State of New York · 1989
  5. MetroPCS New York, LLC v. City of Mount VernonDistrict Court, S.D. New York · 2010

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