Rochester Telephone Corp. v. Village of Fairport

Callahan, J. (dissenting).

We cannot agree to impose upon the taxpayers of the Village of Fairport the cost to relocate utility lines of the Rochester Telephone Corporation. Such an imposition is contrary to well-established principles of law.

The essential facts are not in dispute. In February of 1977, the Village of Fairport received approval from the Economic Development Administration of the United States Department of Commerce for a grant funding the reconstruction of West Church Street, a major village thoroughfare. The grant was issued under a program designed to combat local…