Haines v. City of New York

The Defendant is the City of New York (the "Defendant"). The Defendant contracted with the Town of Hunter and the Village of Tannersville to construct a sewage system and extend the sewage lines if future growth and building construction made it necessary. The agreement specifically stated that the city agreed to pay "all costs of construction and subsequent operation, maintenance and repair of said sewerage system with the house connections thereof and said disposal works shall be at the expense". The sewage plant "was operating substantially in excess of design capacity" when this action was originally filed. The Plaintiff, Haines (the "Plaintiff"), was an owner of land who wished to construct 50 homes. The Plaintiff applied to the Defendant for permits to connect the lots to existing sewer lines. The Defendant refused, citing that the plant was already operating at full capacity. The Plaintiff brought suit for declaratory and injunctive relief, and the Town of Hunter and Village of Tannersville serviced by the sewer pipes intervened. Both the trial and the Appellate division ruled in favor of the Plaintiff and found that the "city was bound to construct additional facilities to meet increased demand until such time as the village or town is legally obligated to maintain a sewage disposal system."