Judgment reversed, on the law, without costs, and proceeding dismissed, without prejudice to the commencement of a proceeding, within 30 days after entry of the order to be made hereon, to determine whether the denial of the necessary sanitary sewer permit was warranted to prevent a condition dangerous to public health and welfare or whether the denial was based solely on a pretext that the construction would create such a condition. The recent decision of the Court of Appeals...
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