SmartBrief
Confirm favorite deletion?
Contracts Keyed to Templin
Moyer v. City of Little Falls
Citation:
134 Misc. 2d 299, 510 N.Y.S.2d 813 (N.Y. Sup. Ct. 1986)Facts
Earl Moyer was the successful bidder for a five-year sanitation contract with the City of Little Falls, commencing April 1, 1984, for annual payments of $97,700. A significant factor in determining his bid was the ability to dump refuse at the nearby Rose Valley Landfill at a rate of $1.50 per cubic yard. In December 1985, the New York State Department of Environmental Conservation (DEC) ordered the closure of Rose Valley Landfill. The only other DEC-approved facility available was Mohawk Valley Sanitary Landfill, which subsequently increased its rates from $2.50 to $3.50 per cubic yard on January 1, 1986, then to $5 on July 1, 1986, and finally to $10 per cubic yard on November 1, 1986. This represented a 666% increase from the original dumping costs, creating what the court described as a “monopoly position” resulting from state action. The parties stipulated that “such a dramatic increase in the cost of waste disposal could not have been foreseen.”
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.