In a May 20, 2009 decision, Justice Warshawsky granted LIPA’s motion to dismiss an Article 78 proceeding brought by a LIPA “ratepayer” challenging LIPA’s imposition of a “Power Supply Surcharge”. The ratepayer sought to have LIPA enjoined from continuing to impose the surcharge and an order compelling LIPA to seek approval of the rate increase from the Public Service Commission, as well as seeking monetary damages.
The Court dismissed the action on numerous grounds, including the fact that the petitioner did not suffer an injury separate from that of the general public.