Opinion
Argued March 21, 1975
Decided April 3, 1975
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOHN R. TENNEY, J.
Charles T. Beeching, Jr., Thomas S. Evans and Joe Schapiro for appellant. Ralph J. Balducci, Village Attorney (Dante M. Scaccia and Richard J. Brickwedde of counsel), for respondent.
MEMORANDUM. Subdivision 2 of section 452 of the General Municipal Law provides, in pertinent part, that "sewer rents may be established and imposed only by * * * local law or ordinance" in the case of villages such as the petitioner.
In light of this specific restriction petitioner lacked authority to establish sewer rates by contract, and therefore the contract of 1966 was of no force and effect.
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.
Order affirmed, with costs, in memorandum.