County of Nassau v. Metropolitan Transportation Authority

Petitioner county, as a municipal corporation, has brought this article 78 proceeding against Metropolitan Transportation Authority (hereinafter called MTA) and Long Island Bail Boad Company (hereinafter called LIBE) for a judgment declaring illegal and annulling the MTA fare increase granted March 20, 1968 to LIBE. (Allegations concerning petitioner’s standing to sue, made in the briefs or on oral argument but not contained in the petition, cannot be considered.) Petitioner claims that the March 18, 1968 MTA hearing on the question of a commuter’s fare increase at LIBB’s request and the…