Appellate Division of the Supreme Court of the State of New York January 22, 1982 (Rochester Telephone Corp. v. Village of Fairport)

lead-opinion

OPINION OF THE COURT

Simons, J. P.

In 1977 defendant Village of Fairport, undertook a Federally funded program to reconstruct and relocate West Church Street and the related water and sewer lines, sidewalks and landscaping. In connection with the project it ordered plaintiff to underground its transmission facilities for the 13 blocks of the reconstruction.