Litigation brought by Welch Foods against the village in 1984 may be nearing resolution as State Supreme Court Justice Joseph Gerace dismissed all claims against the village in an order dated Sept. 14.
Welch Foods has 30 days to appeal to the Appellate Division in Rochester.
The litigation began over the manner in which the village calculated sewer charges for industrial users of the wastewater treatment facilities.
According to the court decision, Welch Foods wanted to be charged only on its actual use of the facility. The village's charges were based on how much treatment capacity was set aside for the company's use, in addition to actual use.
"Welch, like other grape processors, generates a much higher amount of waste during peak seasons than it does during other times of the year," the decision states.
"Thus, although its average use over the course of a year may be relatively low, it requires a certain amount of treatment capacity to be available for its use during peak seasons. The village's facilities, therefore, must be able to accommodate the peak production discharges, even though, for most of the year, a much smaller capacity would be sufficient," the decision continues.