Herrick v. Ingraham

After receiving a “ Notice of Complaint ” from the State Department of Health for alleged violations of section 1116 of the Public Health Law, respondent commenced this action for a declaratory judgment and obtained a stay of the proceeding taken by the Health Department pending the outcome of the action. The trial court, after a nonjury trial, found that section 1116 and related sections of the Public Health Law do not apply to the land sales made by respondent, and appellant’s attempt to apply them to such sales was unconstitutional. This appeal ensued.

The facts for the most part are…