Legal Opinion

Enlarged City School District v. City of Middletown

Appellate Division of the Supreme Court of the State of New York

Decided June 13, 2012Published

1Opinion of the Court

In a hybrid proceeding pursuant to CFLR article 78 to review a determination of the Commissioner of Fublic Works of the City of Middletown dated March 26, 2010, purportedly declining to review the petitioner/plaintiff’s application for approval to connect a building to the sewer system of the City of Middletown unless and until the petitioner/plaintiff paid for the reconstruction, repair, or replacement of a certain existing sewer line owned and operated by the City of Middletown, and action for a judgment declaring, among other things, that a city may not require a city school district to…

2Cases cited18 opinions

  1. Watergate II Apartments v. Buffalo Sewer AuthorityNew York Court of Appeals · 1978
  2. New York Public Interest Research Group, Inc. v. CareyNew York Court of Appeals · 1977
  3. Cuomo v. Long Island Lighting Co.New York Court of Appeals · 1988
  4. American Insurance Ass'n v. ChuNew York Court of Appeals · 1985
  5. Slater v. GallmanNew York Court of Appeals · 1975

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