State Bd. of Health v. Greater Birmingham Ass'n of Home Builders, Inc.

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 in Jefferson County and their plans and specifications for on site sewage collection, treatment and disposal systems and water supplies must be subject to…