Bristol Harbour Village homeowners lose court case over rate hike

A judge ruled to dismiss a case the Bristol Harbour Village homeowners’ association brought against the town of South Bristol over a 64 percent sewer rate hike. Now, Bristol Harbour Village Association is weighing whether to appeal.

“It will be up to the association on whether to proceed,” said attorney Craig Bucki with Phillips Lytle LLP, representing BHVA. “They have until at least Christmas Eve to decide.”

State Supreme Court Justice Craig Doran ruled to dismiss the Article 78 civil suit against the town of South Bristol and Bristol Sewage Disposal Corp. filed last January.

The association represents Bristol Harbour Village’s nearly 350 households. According to BHVA, the rate hike approved by the Town Board meant an average household saw its annual fee jump from $504 to $893.

Also named in the suit was Bristol Sewage Disposal Corporation, owned by Bristol Harbour owners Todd and Laura Cook.

“The South Bristol Town Board’s approval of this fee increase, we contend, was irrational, arbitrary, and capricious, and in violation of the rights of BHVA’s members to due process and equal protection, among other things, under the United States and New York Constitutions,” stated Phillips Lytle LLP attorney Mark Moretti in a letter last year alerting the corporation of a pending Article 78.

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