77 Realty, LLC v. New York City Water Board

Judgment, Supreme Court, New York County (Edward H. Lehner, J), entered February 18, 2004, dismissing the petition insofar as it seeks to annul respondent Water Board’s imposition of a surcharge on water and sewer service to petitioners’ buildings, and further declaring that the surcharge is not unconstitutional, unanimously affirmed, without costs.

We reject petitioners’ argument that the surcharge does not further the stated purpose of water conservation. The surcharge was imposed because petitioners neither installed water meters in their buildings nor requested the City to do so by the…