Torsoe Bros. Construction Corp. v. Board of Trustees

The within CPLR article 78 proceeding presents several interesting and, in certain respects, novel questions regarding the propriety of a municipal water tap-in charge. Petitioner moves for an order annulling respondent’s determination that petitioner must pay a prescribed fee to tap into the village water system. In case law, agency rulings, and by statute, the tap-in fee has also been called a "connection fee”, an "entrance fee”, a "privilege fee” and "service charge” to distinguish it from other municipal water charges.

The property involved herein is subdivision property located within the…