Shellard v. Town Board of Queensbury

Appeal from a judgment of the Supreme Court (Aulisi, J.), entered July 6; 2009 in Warren County, which dismissed petitioners’ application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to review a determination of respondent Town Board of the Town of Queensbury approving an increase in sewer rates.

Respondent Top of the World Utility Company, Inc.* (hereinafter respondent) is a corporation that provides sewer service to a townhouse complex in the Town of Queensbury, Warren *1289County. The complex was approved to contain up to 170 residential units, but…