MATTER OF CHARLES v. DIAMOND


41 N.Y.2d 318 (1977)

In the Matter of William J. Charles, Respondent, v. Henry Diamond, as New York State Commissioner of Environmental Conservation, Appellant, William Harris, as Deputy Commissioner of Onondaga County Department of Health, Respondent, and Village of Camillus, Appellant.

Court of Appeals of the State of New York.

Decided February 15, 1977.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Martin H. Shulman, Ruth Kessler Toch and Stanley Fishman of counsel), Albany, for Henry Diamond, appellant.

Roger Scott and Alexander J. Hersha, Camillus, for Village of Camillus, appellant.

Victor J. Ciabotti, Syracuse, for William J. Charles, respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


JASEN, J.

Petitioner, a landowner in the Village of Camillus, planned to construct three apartment buildings, totaling 36 units, on his property. Village law required that such buildings had to be connected to the village sewage system. On May 9, 1972, the village board authorized issuance of a building permit. However, on May 22, 1972, the State Department of Environmental Conservation informed petitioner that...

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