Cimato Bros. v. Town of Pendleton

Order unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court erred in granting plaintiffs motion for summary judgment declaring unconstitutional that portion of the 1989 amendment to the Public Improvement Project Ordinance of defendant Town of Pendleton (Town) establishing a fee for the Town’s cost of providing inspection services with respect to the construction of public improvements. In order to succeed on its motion, plaintiff was required to establish beyond a reasonable doubt that there is *696no reasonable basis for the amended fee structure (see, Town…