General Signal Corp. v. City of Watertown And Robert G. Upson

Judgment unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: Plaintiff commenced this action challenging Local Law No. 2 of 1995 of defendant City of Watertown (City). The enactment amended Chapter 198 of the Watertown City Code by adding section 51 (B), which establishes fees for the discharge of leachate into the Citys sewer system. Prior to the amendment, the sewer fees charged for the discharge of leachate were the same as the fees charged for the discharge of other types of industrial waste. In its complaint, plaintiff seeks judgment declaring that Local Law No. 2 of 1995 is unconstitutional, unreasonable and void, and directing the refund of fees paid for the disposal of leachate under it. Supreme Court denied plaintiffs motion for summary judgment and, upon searching the record, awarded summary judgment to defendants dismissing the complaint (see, CPLR 3212 [b]; Amore Partners v Mephisto, Inc., 222 AD2d 473, 474).