Pomeroy v. Whalen

Petitioner owned over 250 acres of land in the Town of North Elba, Essex County. In 1968 she obtained conditional approval from the respondents to subdivide a certain portion of this property known as Highland Acres. However, by notice dated July 18, 1975 she was charged with 22 violations of section 1116 of the Public Health Law for selling that number of lots from an allegedly unapproved subdivision, and with one violation of Part 5 of the State Sanitary Code (10 NYCRR 5-1.2) for constructing, extending or operating a public water supply without respondents’ prior approval. It was developed…