Rochester Telephone Corp. v. Village of Fairport
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Simons, J. P.
In 1977 defendant Village of Fairport, undertook a Federally funded program to reconstruct and relocate West Church Street and the related water and sewer lines, sidewalks and landscaping. In connection with the project it ordered plaintiff to underground its transmission facilities for the 13 blocks of the reconstruction. Plaintiff did so under protest and it now sues to recover the cost contending the order was an unlawful exercise of the Village’s police powers. After a nonjury trial the court agreed, finding that the undergrounding was not included in the…
2Cases cited17 opinions
- Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
- Fred F. French Investing Co. v. City of New YorkNew York Court of Appeals · 1976
- Transit Commission v. Long Island RailroadNew York Court of Appeals · 1930
- Suffolk Outdoor Advertising Co. v. HulseNew York Court of Appeals · 1977
- Lutheran Church in America v. City of New YorkNew York Court of Appeals · 1974
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3Cited by6 opinions
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- Countryman v. SchmittNew York Supreme Court · 1998
- Orange & Rockland Utilities, Inc. v. Village of Kiryas JoelNew York Supreme Court · 2004
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