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Title: NEW YORK COURT RULES CITY MUST PAY RELOCATION COSTS OF WATER COMPANY BECAUSE IT INITIATED THE STREET-WIDENING PROJECT
Accession Number: 00238595
Record Type: Component
Abstract: ON APPEAL TO A SUPREME COURT, APPELATE DIVISION, IT WAS HELD THAT THE TRIAL COURT SHOULD NOT HAVE ENTERED THE SUMMARY JUDGEMENT THAT THE CITY OF NEW ROCHELLE WAS BOUND BY ITS CONTRACT WITH THE NEW ROCHELLE WATER COMPANY TO PAY THE COST OF RELOCATING WATER MAINS. RELOCATION WAS NECESSITATED BY THE WIDENING OF A STREET WHICH WOULD BE MAINTAINED AS A COUNTY ROAD. THE TRIAL COURT HAD TO INTERPRET THE CONTRACT PROVISION WHICH REQUIRED THE CITY TO PAY RELOCATION COSTS IN EXCESS OF $600 'WHEN THE CITY SHALL DETERMINE TO MAKE ANY CHANGE IN THE LINE OR GRADE OF, OR TO DO ANY OTHER PUBLIC CONSTRUCTION AUTHORIZED BY THE CITY IN ANY STREET WHICH HAS BEEN ACCEPTED BY THE CITY AND IN WHICH THERE IS AN ESTABLISHED GRADE.' THE EVIDENCE SHOWED THAT THE CITY HAD PETITIONED THE COUNTY TO REQUEST THE STATE TO ALLOCATE FUNDS FOR THE CONSTRUCTION AND WIDENING OF THE ROAD. WHEN THE CITY WAS INFORMED THAT FUNDS HAD BEEN ALLOCATED IT APPROVED THE STATE RECONSTRUTION PLANS AND ACQUIRED THE NEEDED LAND. THE COURT POINTED OUT THAT NEITHER THE STATE NOR COUNTY WOULD HAVE ACTED IF THE CITY HAD NOT INITIATED THE PROJECT, APPROVED THE PLANS AND ACQUIRED THE NECESSARY LAND. FURTHERMORE, SINCE THE FUNDS WERE FROM THE FEDERAL AID IMPROVEMENT PROGRAM FOR SECONDARY ROADS, THE FEDERAL AUTHORITIES MIGHT NOT HAVE APPROVED THE PLAN WITHOUT THE CONSENT OF THE CITY, SINCE THE FEDERAL-AID HIGHWAYS ACT REQUIRED COOPERATION BETWEEN STATE AND LOCAL OFFICIALS. THE COURT FURTHER NOTED THAT THE CITY HAD INSTRUCTED THE WATER COMPANY TO RELOCATE ITS FACILITIES AND IF THIS HAD NOT BEEN SO THE STATE MIGHT HAVE PAID THE RELOCATION COSTS. THE COURT CONCLUDED THAT THE COMPANY SHOULD BE REIMBURSED BY THE CITY. (NEW ROCHELLE WATER CO. V. CITY OF NEW ROCHELLE, 264 N.Y.S. 2D 737, NOV 1965)
Supplemental Notes: No 32, pp 3-4. Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved.
Publication Date: 1966-7
Serial: Media Type: Digital/other
TRT Terms: Uncontrolled Terms: Old TRIS Terms: Subject Areas: Finance; Highways; Law; Pipelines; Terminals and Facilities
Files: TRIS, TRB
Created Date: Feb 10 1994 12:00AM
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