Clark v. Fogelsonger

Order affirmed, with $50 costs and disbursements. Memorandum: Our attention has not been called to any ordinance of the Town of Tonawanda regulating the disposal of sewage from residential properties, nor do we find any such ordinance or regulation. That is a matter within the jurisdiction of the Commissioner of Health of Erie County (see Sanitary Code of Erie Co., art. IV, § 6). The Sanitary Code clothed the Erie County Health Commissioner with authority to approve or disapprove the plan submitted by the petitioner. He has approved the plan. We find no statute or ordinance requiring a…