Articles Posted in Utilities Law

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The Court of Appeals reversed the decision of the Appellate Court affirming the judgment of Supreme Court granting Petitioners’ petition asserting that the decision of the New York City Water Board and the New York City Department of Environmental Protection (DEP) adopting a resolution approving a rate increase and bill credit and publishing a rate schedule was arbitrary, capricious, and an abuse of discretion. Petitioners commenced this N.Y. C.P.L.R. article 78 proceeding against the Water Board and DEP challenging the resolution and rate schedule. Supreme Court granted the petition, ruling that the resolution and rate schedule were ultra vires, exceeded the Water Board’s statutory authority, and were unreasonable, arbitrary, capricious and an abuse of discretion. The Appellate Division affirmed. The Court of Appeals reversed, holding that Respondents’ actions were not utterly arbitrary or unsupported by economic or public policy goals and that Respondents did not act ultra vires or levy a tax. View "Prometheus Realty Corp. v. New York City Water Board" on Justia Law