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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Erie County Water Authority v. Kramer

The Erie County Water Authority initiated an Article 78 proceeding to prevent the New York State Labor Relations Board from asserting jurisdiction over an unfair labor practice complaint. The Authority, a state agency, argued its exemption from the New York State Labor Relations Act, despite a provision in the Public Authorities Law stating it is an 'employer.' The court reviewed relevant labor and civil service laws, as well as prior case law concerning state agencies and collective bargaining. Ultimately, the court determined that the Authority, as an agency of the state, falls under the exemptions of Labor Law Section 715, thus not subject to the collective bargaining requirements of Article 20 of the Labor Law. Therefore, the application to enjoin the Board's actions was granted due to lack of jurisdiction.

Article 78Civil Practice ActPublic Authorities LawLabor LawState AgencyUnfair Labor PracticeCollective BargainingJurisdiction DisputeErie County Water AuthorityNew York State Labor Relations Board
References
4
Case No. E2014-00302-COA-R3-CV
Regular Panel Decision
Jan 30, 2015

American Heritage Apartments, Inc. v. The Hamilton County Water and Wastewater Treatment Authority, Hamilton County, Tennessee

The plaintiff, American Heritage Apartments, Inc., challenged a monthly flat charge imposed by the Hamilton County Water and Wastewater Treatment Authority (County WWTA) for sewer lateral repairs. The trial court granted summary judgment to the County WWTA, finding no private right of action under the Utility District Law of 1937 (UDL). On appeal, the Court of Appeals reversed the summary judgment, concluding the UDL was inapplicable as the County WWTA was formed under the Tennessee Water and Wastewater Treatment Authority Act (WWTA Act). The appellate court held that the WWTA Act implicitly provides a private right of action for ultra vires and contract claims. The court also affirmed the trial court's alternative ruling that class action certification for affected customers was appropriate.

Water UtilityWastewater TreatmentFlat Rate ChargeClass Action CertificationSummary Judgment ReversalPrivate Right of ActionUltra Vires ClaimGovernmental ImmunityUtility District LawWater and Wastewater Treatment Authority Act
References
48
Case No. 2022 NY Slip Op 06619
Regular Panel Decision
Nov 18, 2022

Matter of Civil Serv. Empls. Assn., Inc., Local 1000, AFSCME, AFL-CIO, Erie County Unit of Erie County Local 815 (County of Erie)

Petitioner Civil Service Employees Association, Inc. initiated a proceeding under CPLR article 75 to vacate an arbitration award that upheld the termination of one of its members as consistent with their collective bargaining agreement. The Supreme Court denied the petition and confirmed the award. On appeal, the Appellate Division, Fourth Department, affirmed the Supreme Court's decision. The court found that the arbitration award was not irrational, citing the language of the CBA, its reference to civil service rules for Erie County, and the parties' past practices as justification. Furthermore, the Appellate Division concluded that the arbitrator did not exceed his authority by interpreting ambiguous terms within the CBA, rather than rewriting it.

Arbitration AwardCPLR Article 75Collective Bargaining AgreementArbitrator AuthorityIrrational AwardPublic PolicyGrievanceTerminationJudicial ReviewAppellate Review
References
5
Case No. CA 13-01671
Regular Panel Decision
Jul 03, 2014

WILLIAMS, CASSONDRA v. COUNTY OF ERIE

Plaintiff Cassondra Williams appealed an order granting summary judgment to defendant Erie County Medical Center Corporation. Williams sought damages for injuries sustained from a slip and fall on water in the hospital's dietary corridor. The Appellate Division affirmed the Supreme Court's order, concluding that the defendant successfully established it neither created the dangerous condition nor had constructive notice of it. Plaintiff's speculative claim about the water's origin and the lack of visible water before the fall were deemed insufficient to raise a triable issue of fact.

slip and fallpremises liabilitysummary judgmentconstructive noticeappellate reviewNew York lawhospital negligenceduty of caretortsevidence
References
8
Case No. MISSING
Regular Panel Decision

Saratoga County Water Authority v. Gibeault

The County of Saratoga obtained easements for a water line project and retained Malcolm Pirnie, Inc. to assist. The easements were assigned to the plaintiff, a public water authority. Adjacent property owners, the Gibeaults, disputed ownership of some land covered by the easements and filed a correction deed. The plaintiff initiated an action against the Gibeaults seeking judgment under RPAPL article 15 and a declaratory judgment concerning the easements, an injunction, and damages. The Gibeaults counterclaimed, alleging trespass and taking. Subsequently, the plaintiff filed a third-party action against Malcolm Pirnie for indemnification and contribution. Supreme Court denied Malcolm Pirnie's cross-motion for summary judgment to dismiss the plaintiff's claims against it. On appeal, the Appellate Division affirmed the Supreme Court's order, concluding that genuine issues of fact remained regarding Malcolm Pirnie's alleged negligence in procuring the easements, particularly concerning their awareness of the Gibeaults' ownership claims. The court also rejected Malcolm Pirnie's argument of judicial estoppel.

EasementsProperty RightsSummary JudgmentNegligenceIndemnificationContributionJudicial EstoppelBoundary DisputesThird-Party ActionAppellate Review
References
8
Case No. MISSING
Regular Panel Decision

Beckwith v. Erie County Water Authority

This case involves plaintiff Beckwith, a former probationary employee of the Erie County Water Authority, who was terminated. Beckwith filed a lawsuit alleging violations of his First and Fourth Amendment rights under 42 U.S.C. § 1983, claiming he was terminated in retaliation for speaking to the news media about a labor controversy and for the Authority's demand for his cell phone records. He also included an Article 78 proceeding, a state law claim seeking reinstatement, which had been removed to federal court. Magistrate Judge Foschio recommended dismissing the § 1983 claims and remanding the Article 78 claim to state court due to lack of federal jurisdiction. Chief Judge Arcara adopted these recommendations, concluding that Beckwith's alleged speech was not constitutionally protected as it primarily involved internal personnel matters, and he had no reasonable expectation of privacy in his cellular telephone records. Consequently, the federal claims were dismissed, and the state law Article 78 claim was remanded.

Public EmployeeFirst AmendmentFree SpeechRetaliationFourth AmendmentPrivacy RightsCellular Telephone RecordsArticle 78 ProceedingMunicipal LiabilityQualified Immunity
References
40
Case No. 03-02-00475-CV
Regular Panel Decision
May 08, 2003

Hays County, Texas v. Hays County Water Planning Partnership

This case involves an appeal by Hays County against a district court judgment favoring the Hays County Water Planning Partnership. The partnership had sought an injunction and attorney's fees, alleging that Hays County violated the Open Meetings Act, the Texas Constitution, and the Texas Local Government Code by improperly altering a transportation plan submitted to the Capital Area Metropolitan Planning Organization (CAMPO). The Court of Appeals reversed the district court's finding regarding the Open Meetings Act and the 'open courts' provision of the Texas Constitution, dissolving the injunction. However, it affirmed that Hays County violated the Texas Constitution (Art. V, § 18) and the Local Government Code due to an invalid action by a single commissioner and upheld the award of attorney's fees to the Partnership under the Uniform Declaratory Judgments Act.

Texas Court of AppealsOpen Meetings ActTexas ConstitutionLocal Government CodeDeclaratory Judgments ActSovereign ImmunityLegislative ImmunityCounty Commissioners CourtTransportation PlanInjunction
References
31
Case No. MISSING
Regular Panel Decision

Hays County v. Hays County Water Planning Partnership

Hays County appealed a district court's judgment that found it violated the Open Meetings Act, Texas Constitution, and Local Government Code by improperly altering a transportation plan. The district court had granted an injunction and attorney's fees to the Hays County Water Planning Partnership. The appellate court reversed the findings regarding the Open Meetings Act and the Texas Constitution's 'open courts' provision, and dissolved the injunction. However, it affirmed that a single commissioner's alteration of the plan was invalid as an unauthorized act and upheld the award of attorney's fees to the Partnership.

Open Meetings ActTexas ConstitutionLocal Government CodeUniform Declaratory Judgments ActSovereign ImmunityLegislative ImmunityCounty Commissioners CourtTransportation PlanAbuse of DiscretionStanding
References
31
Case No. 13-06-00569-CV
Regular Panel Decision
Oct 30, 2008

Canyon Regional Water Authority v. Guadalupe-Blanco River Authority, the Texas Commission on Environmental Quality, and Margaret Hoffman in Her Official Capacity as Executive Director of the Texas Commission on Environmental Quality

This case involves an appeal by Canyon Regional Water Authority (Canyon Regional) regarding water rates charged by Guadalupe-Blanco River Authority (Guadalupe-Blanco) and the administrative rules of the Texas Commission on Environmental Quality (the Commission). Canyon Regional challenged Guadalupe-Blanco's rate increases, arguing they were not

Water Rate AppealContractual InterpretationAdministrative LawDeclaratory ReliefAttorney's FeesSummary JudgmentPublic Interest HearingTexas Commission on Environmental QualityGuadalupe-Blanco River AuthorityCanyon Regional Water Authority
References
14
Case No. 03-04-00367-CV
Regular Panel Decision
Nov 18, 2004

Bexar Metropolitan Water District v. City of Bulverde, Texas Guadalupe-Blanco River Authority City of Boerne And City of Fair Oaks Ranch

Bexar Metropolitan Water District (BexarMet) appealed the district court's denial of its plea to the jurisdiction. The underlying action involved the City of Bulverde and the Guadalupe-Blanco River Authority (GBRA) seeking declaratory judgments against BexarMet in Comal County District Court. These judgments concerned BexarMet's statutory boundaries and its authority to provide water utility services or expand its territory following a 2003 amendment to its enabling act. BexarMet contended that the district court lacked subject-matter jurisdiction, arguing that boundary contests could only be brought by the attorney general, that Bulverde and GBRA lacked standing, and that the Texas Commission on Environmental Quality held exclusive or primary jurisdiction. The Court of Appeals, Third District, affirmed the district court's decision, concluding that Bulverde and GBRA had standing under the Uniform Declaratory Judgment Act and that statutory interpretation, which was central to the case, was within the courts' jurisdiction, not exclusively or primarily with the Commission.

Water RightsWater District BoundariesDeclaratory JudgmentStandingSubject Matter JurisdictionStatutory ConstructionTexas Court of AppealsGovernmental ImmunityInterlocutory AppealPlea to the Jurisdiction
References
54
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