Legal Opinion

Jericho Water District v. One Call Users Council, Inc.

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

Decided December 12, 2006Published

1Opinion of the Court

OPINION OF THE COURT

Prudenti, EJ.

The Legislature has exempted certain operators of underground facilities, including “municipalities,” from contributing to the costs of operating a mandatory “one-call notification system,” but the statute granting the exemption does not define the term “municipalities.” The issue presented in this case is whether the plaintiff town improvement district is a “municipality” within the meaning of the statute, and thus exempt from the one-call notification system’s membership fee. We conclude that the context in which the statutory term “municipalities” appears…

2Cases cited15 opinions

  1. Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
  2. Leader v. Maroney, Ponzini & SpencerNew York Court of Appeals · 2001
  3. Riley v. County of BroomeNew York Court of Appeals · 2000
  4. Albano v. KirbyNew York Court of Appeals · 1975
  5. Tompkins County Support Collection Unit v. ChamberlinNew York Court of Appeals · 2003

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