Catalfamo v. Zirk

This is a petition for an order directing the approval of an application for a building permit. Respondent, Building Inspector of the Town of Babylon, refuses to issue such permit except on condition that certain curbs and sidewalks be constructed and that there be either regrading and oiling of the adjacent road or leaching catch basin installed.

Correctly anticipating respondent’s argument that he has failed to exhaust his available administrative remedies by appealing to the Town Board of Appeals, petitioner notes his claim that the imposition of these conditions is an unconstitutional…