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STATE BD. OF HEALTH v. GREATER BIRMINGHAM ASS'N OF HOME BUILDERS, INC.

78-764.

384 So.2d 1058 (1980)

The STATE BOARD OF HEALTH v. GREATER BIRMINGHAM ASSOCIATION OF HOME BUILDERS, INC., a corporation.

Supreme Court of Alabama.

Rehearing Denied June 27, 1980.

Attorney(s) appearing for the Case

Charles A. Graddick, Atty. Gen., Edward L. Lasseter, Jr., L. Gilbert Kendrick, and Michael A. Sundock, Asst. Attys. Gen., Montgomery, for appellant.

Charles A. J. Beavers, Jr. of Odom, May & DeBuys, Birmingham, for appellee.

William M. Acker, Jr. of Dominick, Fletcher, Yeilding, Acker, Wood & Lloyd, P. A., Birmingham, for amicus curiae.

BEATTY, Justice.

Defendant, the State Board of Health, appeals from a declaratory judgment in favor or plaintiff, the Greater Birmingham Association of Home Builders. We affirm.

This controversy concerns the legislatively-created scheme of authority regarding the approval of on-site wastewater disposal systems planned for construction in Jefferson County subdivisions. In the words of the trial court, the principal issue is:

(W)hether real estate subdivisions...

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