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SUFFOLK BLDRS ASSN v. COUNTY

46 N.Y.2d 613 (1979)

Suffolk County Builders Association, Inc., et al., Appellants, v. County of Suffolk et al., Respondents.

Court of Appeals of the State of New York.

Decided April 5, 1979.

Attorney(s) appearing for the Case

Sol Horenstein and John E. Lander for appellants.

Howard E. Pachman, County Attorney (Alfred Jackson, Jr., and Leonard J. Shore of counsel), for respondents.

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

FUCHSBERG, J.

In a declaratory judgment action, plaintiffs Suffolk County Builders Association and certain individual builders challenge the validity of a schedule of site inspection charges promulgated by the defendant Suffolk County Department of Health Services. The regulation in question, section 301 (subd 1, par [a]) of the Suffolk County Sanitary Code, was adopted by the County Board of Health in September...

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