Batavia Kill Watershed District v. Charles O. Desch, Inc.

Full title: BATAVIA KILL WATERSHED DISTRICT IN THE COUNTY OF GREENE, Respondent, v…

Court: Court of Appeals of the State of New York

Date published: Oct 5, 1982

57 N.Y.2d 796 (N.Y. 1982)

455 N.Y.S.2d 597

441 N.E.2d 1115

Opinion

Argued September 2, 1982

Decided October 5, 1982

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, HAROLD J. HUGHES, J.

Leslie F. Couch for appellants.

Larry F. Gardner and Walter J. Heffernan for respondent.

Order affirmed, with costs, for reasons stated in the opinion by former Justice J. CLARENCE HERLIHY at the Appellate Division ( 83 A.D.2d 97). Question certified answered in the affirmative.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge GABRIELLI.