Opinion
March 19, 1947.
Present — Taylor, P.J., Dowling, Harris, Larkin and Love, JJ.
Judgment reversed on the law and facts, without costs of this appeal to any party, and judgment granted, without costs, declaring the rights of the parties to be as follows: (1) The agreements in issue are, and have been since their inception, valid, binding and enforcible agreements. (2) By the agreements District No. 1, Town of Brighton, acquired an undivided interest in fee to the sewer facilities and the disposal plant referred to in said agreements and became an owner in common therein with District No. 2, Town of Brighton, and District No. 1, Town of Pittsford, and is entitled to a conveyance of such interest from District No. 2, Town of Brighton, and District No. 1, Town of Pittsford. (3) The plaintiff is entitled to recover of the defendant District No. 1, Town of Brighton, the sum of $9,513.41 with interest at 5% from the date of the commencement of this action. Certain findings of fact disapproved and reversed and new findings made. All concur, except Larkin, J., not voting. (The judgment determines Pittsford Sewer District No. 1 and Brighton Sewer District No. 2 to be co-owners of the Allen's Creek Disposal Plant; that the representatives of Brighton Sewer District No. 1 have no interest in it or right to use it; and enjoining the Brighton District No. 1 from using the plant and directs that their connections with the sewer be severed.)