Residents, Merchants File Suit Against Northport for Retroactive Sewer Fees

A group of residents and business owners have filed suit against Northport Village to protest a retroactive fee for usage of the sewage plant.

The lawsuit claims that it is unlawful for the village to collect fees based upon water usage prior to the effective date of the new law.

In January 2011, .

The sewer usage bill that went out on Jan. 28 was issued for the period from September 2009 to June 2010, even though the law was not approved until Aug. 3, which is after that time frame ended.

Lead plaintiff Pete Panarites, owner of the Sweet Shop on Main Street, told the board in January to expect a lawsuit to be filed against this decision.

Attorney for the plaintiffs William Freidman filed the lawsuit May 16.

The law suit states three
reasons to stop this retroactive fee collection. They are: the
law itself does not provide for retroactive fees; there is no
authority for the village to collect a retroactive sewer user fee;
and a retroactive sewer user fee violates constitutional due
process of law.


The village has given until June 1, 2011 to pay the sewer fee without penalty. 

Northport Patch will continue to follow this story.