Legal Opinion

Woodbury Heights Estates Water Co. v. Village of Woodbury

New York Supreme Court

Decided March 19, 2012Published

1Opinion of the Court

*181OPINION OF THE COURT

Lawrence H. Ecker, J.

It is hereby, ordered that the motion is granted, and it is further, ordered, adjudged and decreed that plaintiff is granted judgment declaring Local Law No. 6 (2008) of the Village of Woodbury invalid on the ground of state preemption, and that the law is null and void.

Introduction

Plaintiff alleges it is a private water works company located in defendant Village of Woodbury which seeks to sell water to a development in an adjacent town. Defendant passed a local law which prohibits the removal of groundwater, either directly or after storage, for use…

2Cases cited8 opinions

  1. Cohen v. Board of AppealsNew York Court of Appeals · 2003
  2. Town of Hempstead v. FlackeAppellate Division of the Supreme Court of the State of New York · 1981
  3. Chwick v. MulveyAppellate Division of the Supreme Court of the State of New York · 2010
  4. City of Schenectady v. FlackeAppellate Division of the Supreme Court of the State of New York · 1984
  5. Sunrise Check Cashing & Payroll Services, Inc. v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2011

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