Pomeroy v. Whalen

OPINION OF THE COURT

The petitioner purchased a 250-acre tract of contiguous lands in 1956 under a single deed. Two years later, having decided to develop a portion of this tract, the landowner followed the requirements set forth in section 1116 of the Public Health Law by applying to the Department of Health for approval of sanitary facilities and water systems contemplated for the first 16-lot section of a residential subdivision to be known as "Highland Acres”. A certificate of approval for the realty subdivision plans submitted by the petitioner was issued in July, 1968.

In 1972 the…