Masder Builders, Inc. v. Overton

It is alleged in the petition that such denial of approval was unreasonable since the water system installed meets all criteria established by the Suffolk County Department of Health with respect to individual water supply systems. Respondent’s answer contains objections in point of law, denials and an affirmative defense that the property involved is part of a “ subdivision ” within the meaning of the Suffolk County Sanitary Code and the Public Health Law, and is therefore subject to a regulation issued by respondent at the direction of the Suffolk County Board of Health. This regulation…