MATTER OF PILOT DEV. CORP. v. SUFFOLK COUNTY DEP'T OF HEALTH


52 A.D.2d 606 (1976)

In the Matter of Pilot Development Corp., Appellant, v. Suffolk County Department of Health et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 12, 1976


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...

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