Meenan Oil Co. v. Long Island Lighting Co.

Plaintiffs are engaged in the business of supplying fuel oil for heating purposes to homeowners and other consumers in the Town of Huntington, Suffolk County. The defendant is a public utility franchised to distribute and sell electric power and gas in that town.

In December, 1964 the Planning Board of the town adopted a resolution effective January, .1965 which provided that thereafter electric and telephone wiring should be installed underground except where the Planning Board in special cir*667cumstances waived the requirement (art. XII, Subdivision Regulations). The regulatory body in this…