Pilot Development Corp. v. Suffolk County Department of Health

Appellate Division of the Supreme Court of New York

Pilot Development Corp. v. Suffolk County Department of Health

52 A.D.2d 606, 382 N.Y.S.2d 299, 1976 N.Y. App. Div. LEXIS 12223

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 12, 1976

StatusPublished

This text of 52 A.D.2d 606 (Pilot Development Corp. v. Suffolk County Department of Health) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pilot Development Corp. v. Suffolk County Department of Health, 52 A.D.2d 606, 382 N.Y.S.2d 299, 1976 N.Y. App. Div. LEXIS 12223 (N.Y. Ct. App. 1976).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to compel respondents to approve a cesspool system as set forth on a certain map, petitioner appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Suffolk County, dated April 22, 1975, as dismissed its petition. Judgment reversed insofar as appealed from, without costs or disbursements, and proceeding remitted to Special Term for further proceedings consistent herewith. Before a proper determination can be made in the instant proceeding, we believe that a hearing should be held with respect to the following issues: (1) whether the requirement that communal sewerage systems be constructed in all subdivisions where any plot is less than 40,000 square feet in area is unreasonable and arbitrary; (2) whether said requirement has been applied in a discrimi[607]*607natory manner; and (3) whether sufficient expenditures were made by petitioner, in reliance upon respondents’ initial approval of its plot plans, to have acquired a vested right to an indorsement approving its plans. Martuscello, Acting P. J., Latham, Cohalan, Damiani and Titone, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to compel respondents to approve a cesspool system as set forth on a certain map, petitioner appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Suffolk County, dated April 22, 1975, as dismissed its petition. Judgment reversed insofar as appealed from, without costs or disbursements, and proceeding remitted to Special Term for further proceedings consistent herewith. Before a proper determination can be made in the instant proceeding, we believe that a hearing should be held with respect to the following issues: (1) whether the requirement that communal sewerage systems be constructed in all subdivisions where any plot is less than 40,000 square feet in area is unreasonable and arbitrary; (2) whether said requirement has been applied in a discrimi[607]*607natory manner; and (3) whether sufficient expenditures were made by petitioner, in reliance upon respondents’ initial approval of its plot plans, to have acquired a vested right to an indorsement approving its plans. Martuscello, Acting P. J., Latham, Cohalan, Damiani and Titone, JJ., concur.

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Bluebook (online)

52 A.D.2d 606, 382 N.Y.S.2d 299, 1976 N.Y. App. Div. LEXIS 12223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pilot-development-corp-v-suffolk-county-department-of-health-nyappdiv-1976.