Webster v. Village of Fairport

OPINION OF THE COURT

David O. Boehm, J.

The plaintiffs own an undeveloped 13-lot subdivision on which they intend to construct single-family residences. Defendant, Fiora Drive Associates, owns a 6-lot subdivision adjacent to plaintiffs’ subdivision, on which it has installed utilities and built homes on three lots.

Before Fiora began developing its property, defendant, Village of Fairport, advised plaintiffs and Fiora to jointly construct a sewage pump station to service both subdivisions, the reason being that the village did not wish to maintain multiple pump stations. Plaintiffs refused to…