Richmondtown Builders, Inc. v. City of New York

Appellate Division of the Supreme Court of New York

Richmondtown Builders, Inc. v. City of New York

34 A.D.2d 574, 309 N.Y.S.2d 856, 1970 N.Y. App. Div. LEXIS 5241

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

DecidedMarch 30, 1970

StatusPublished

This text of 34 A.D.2d 574 (Richmondtown Builders, Inc. v. City of New York) 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.

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Richmondtown Builders, Inc. v. City of New York, 34 A.D.2d 574, 309 N.Y.S.2d 856, 1970 N.Y. App. Div. LEXIS 5241 (N.Y. Ct. App. 1970).

Pincite

Opinion

In a proceeding pursuant to article 78 of the CPLR, the appeal is from so much of a judgment of the Supreme Court, Richmond County, dated May 13, 1969, as directed appellants to test certain sewage disposal systems on petitioner’s property pursuant to regulations obtaining prior to November 1, 1967. Judgment reversed insofar as appealed from, on the law, with costs, and petition dismissed. The findings of fact below have not been affirmed. Petitioner, the owner of seven lots upon which it seeks to construct one-family homes, alleges, in essence, that the appellant Department of Health unreasonably refused to conduct the tests upon its property which were a prerequisite to obtaining permits for the installation of septic tank systems and that during the period its applications for such permits were pend[575]*575ing more stringent test requirements were enacted 'by the department. Petitioner seeks to compel the issuance of permits pursuant to the regulations as they existed at the time the applications were filed. In our opinion, no valid basis has been shown for the relief requested. It is not seriously disputed that the department’s revised regulations constitute a reasonable exercise of the police power. Under the circumstances, petitioner does not possess a vested right which may be asserted against those regulations (see Hadacheck v. Sebastian, 239 U. S. 394; Queenside Hills Co. v. Saxl, 328 U. S. 80). We are of the further opinion that the allegations of the petition are not such as to bring the case within the rule expressed in Matter of Dubow v. Ross (254 App. Div. 706). Christ, Acting P. J., Rabin, Hopkins and Brennan, JJ., concur; (Beldock, P. J., deceased).

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In a proceeding pursuant to article 78 of the CPLR, the appeal is from so much of a judgment of the Supreme Court, Richmond County, dated May 13, 1969, as directed appellants to test certain sewage disposal systems on petitioner’s property pursuant to regulations obtaining prior to November 1, 1967. Judgment reversed insofar as appealed from, on the law, with costs, and petition dismissed. The findings of fact below have not been affirmed. Petitioner, the owner of seven lots upon which it seeks to construct one-family homes, alleges, in essence, that the appellant Department of Health unreasonably refused to conduct the tests upon its property which were a prerequisite to obtaining permits for the installation of septic tank systems and that during the period its applications for such permits were pend[575]*575ing more stringent test requirements were enacted 'by the department. Petitioner seeks to compel the issuance of permits pursuant to the regulations as they existed at the time the applications were filed. In our opinion, no valid basis has been shown for the relief requested. It is not seriously disputed that the department’s revised regulations constitute a reasonable exercise of the police power. Under the circumstances, petitioner does not possess a vested right which may be asserted against those regulations (see Hadacheck v. Sebastian, 239 U. S. 394; Queenside Hills Co. v. Saxl, 328 U. S. 80). We are of the further opinion that the allegations of the petition are not such as to bring the case within the rule expressed in Matter of Dubow v. Ross (254 App. Div. 706). Christ, Acting P. J., Rabin, Hopkins and Brennan, JJ., concur; (Beldock, P. J., deceased).

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34 A.D.2d 574, 309 N.Y.S.2d 856, 1970 N.Y. App. Div. LEXIS 5241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richmondtown-builders-inc-v-city-of-new-york-nyappdiv-1970.

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