Davis v. Hidden

OPINION

FROEB, Judge.

At issue in this appeal is the authority of a county to deny a residential building permit on the ground that a proposed septic tank would be contrary to state law. We hold that while the county has the statutory authority to require compliance with state health laws as a predicate for the issuance of a building permit, the county in this instance has not exercised this authority by the enactment of an appropriate ordinance.

Earl Davis, appellant, owned a mobile home which was destroyed by fire. He decided to build a new single-family residence on his lot at Bermuda…