Legal Opinion

Suffolk Sanitary Corp. v. Town Board

New York Supreme Court

Decided September 29, 1975PublishedCited by 2 opinions

1Opinion of the CourtLeon D. Lazer, J.

Where the public utility involved is not subject to the jurisdiction of the Public Service Commission, does the Supreme Court of the State possess the equity power to place in effect a new utility rate schedule? The question is of current moment because the plaintiff utility corporation (engaged in sewage collection and disposal) has brought an action for a judgment declaring that an amended rate proposal which it has submitted is fair and reasonable and placing it in effect. Plaintiff has concurrently moved for a temporary mandatory injunction, pendente lite, to effectuate an interim rate…

2Cases cited23 opinions

  1. The Minnesota Rate CasesSupreme Court of the United States · 1913
  2. Prendergast v. New York Telephone Co.Supreme Court of the United States · 1923
  3. Lakeland Water District v. Onondaga County Water AuthorityNew York Court of Appeals · 1969
  4. Kane v. WalshNew York Court of Appeals · 1946
  5. Municipal Gas Co. v. Public Service CommissionNew York Court of Appeals · 1919

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3Cited by2 opinions

  1. People v. KoertgeNassau County District Court · 1998
  2. City of New York v. New York State Department of HealthNew York Supreme Court · 1995

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