Vrooman v. Village of Middleville

In Vrooman v. Village of Middleville (91 A.D.2d 833 [4th Dept 1982]) the defendant Village was ordered by the State to abate the discharge of sewage into state waters. Plaintiff was retained at the request of the Village to provide engineering services relating to the planning and design of a sewage treatment facility. The Village refused to pay contending that the contract was not enforceable. The Appellate Division found that plaintiff was entitled to recovery in quantum meruit. The State had ordered the Village to stop the discharge of pollutants and plaintiff's services were necessary to effectuate the directive. The services benefitted the taxpayer and to absolve the municipality of liability would encourage officials to disregard statutory safeguards.