Legal Opinion
Bethelite Community Church, Great Tomorrows Elementary School v. Department of Environmental Protection
New York Supreme Court
Decided December 28, 2004PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Shirley Werner Kornreich, J.
I. Factual and Procedural Background:
A. Facts:
Petitioner, a church and religious school, has brought this CPLR article 78 petition in the nature of mandamus, seeking: (1) to compel the Department of Environmental Protection (DEP) to grant it an exemption from water and sewer charges; (2) to reverse DEP’s assessments, charges and penalties against it; and (3) to abate any tax liens arising from DEP’s assessments, charges and penalties. Respondents cross-move to dismiss the petition, arguing that the petition is not ripe for review and that…
2Cases cited17 opinions
- Watergate II Apartments v. Buffalo Sewer AuthorityNew York Court of Appeals · 1978
- Essex County v. ZagataNew York Court of Appeals · 1998
- Yeshivath Shearith Hapletah v. Assessor of FallsburgNew York Court of Appeals · 1992
- Genesee Hospital v. WagnerAppellate Division of the Supreme Court of the State of New York · 1975
- Stop-The-Barge v. CahillNew York Court of Appeals · 2003
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3Cited by1 opinion
- Bethelite Community Church v. Department of Environmental ProtectionAppellate Division of the Supreme Court of the State of New York · 2006