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MATTER OF WILLIAMS & EBERLEY, INC. v. MacLEOD

58 A.D.2d 984 (1977)

In the Matter of Williams & Eberley, Inc., Appellant, v. Kenneth I. E. MacLeod, as Commissioner of Health, et al., Respondents

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

July 12, 1977

Judgment unanimously reversed, with costs, and petition granted, in accordance with the following memorandum:

Petitioner is the owner of approximately 11 acres of land in Whitestown, New York which it proposes to develop as a residential subdivision. In 1973 the town board approved petitioner's plans subject to approval of the water and sanitary sewer system as required by the Public Health Law and the Environmental Conservation Law. Because the subdivision facilities...

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