Legal Opinion

County of Nassau v. South Farmingdale Water District

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

Decided May 22, 1978PublishedCited by 13 opinions

1Opinion of the Court

*382OPINION OF THE COURT

Suozzi, J.

We are called upon in this appeal to define the nature and scope of the right of the plaintiff county to order the removal of pre-existing water mains and pipes owned by the defendant, South Farmingdale Water District, and located under a State road, in order to make way for the construction of a countywide sewer system. The Special Term and the dissent have adopted the view that the defendant municipal water district must bear the cost of removing those installations, which conflict with the county’s construction of a sewer system.

For the reasons hereinafter set…

2Cases cited31 opinions

  1. City of Trenton v. New JerseySupreme Court of the United States · 1923
  2. Workman v. New York CitySupreme Court of the United States · 1900
  3. Bernardine v. City of New YorkNew York Court of Appeals · 1945
  4. Brush v. CommissionerSupreme Court of the United States · 1937
  5. Sun Printing & Publishing Ass'n v. Mayor of New YorkNew York Court of Appeals · 1897

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3Cited by13 opinions

  1. In re the County of MonroeNew York Court of Appeals · 1988
  2. City & County of Denver v. Mountain States Telephone & Telegraph Co.Supreme Court of Colorado · 1988
  3. Koch v. DysonAppellate Division of the Supreme Court of the State of New York · 1982
  4. Morningstar Water Users Ass'n v. Farmington Municipal School District No. 5New Mexico Supreme Court · 1995
  5. County of Nassau v. South Farmingdale Water DistrictNew York Court of Appeals · 1978

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