Greens at Half Hollow LLC v. Suffolk County Department of Public Works et al.

147 A.D.3d 941 (2d Dept. 2017) and 147 A.D.3d 942 (2d Dept. 2017).  We successfully represented the Home Owners Association (HOA) of a 1,144 unit senior residential development known as The Greens at Half Hollow in dismissing the developer’s challenge to a Suffolk County determination that it had been overcharging the HOA by more than twice the “fair and reasonable” amount permitted for sewage treatment plant services. The reduction resulted in a more than $350,000 annual cost savings to our client.  The appellate court agreed with our argument that the developer’s challenge to the rate determination was barred by the statute of limitations, because it had failed to timely join the sewage treatment plant connectees as “necessary parties” to the lawsuit.