(Download) "Matter William J. Charles v. Henry Diamond" by Court of Appeals of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Matter William J. Charles v. Henry Diamond
- Author : Court of Appeals of New York
- Release Date : January 15, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
[41 N.Y.2d 318 Page 320] Petitioner, a landowner in the Village of Camillus, planned to construct three apartment buildings, totaling 36 units, on his property. Village law required that such buildings had to be connected to the village sewage system. On May 9, 1972, the village board authorized issuance of a building permit. However, on May 22, 1972, the State Department of Environmental Conservation informed petitioner that he could not connect into the village sewage system until the Village undertakes a program to correct the deficiencies of their sewage system. The State likewise directed the Onondaga County Health Department not to authorize the petitioner to connect into the existing system until the present deficiencies were corrected. Thereafter, in June, 1972, petitioner commenced this article 78 proceeding against the State Commissioner of Environmental Conservation, the Deputy Commissioner, Onondaga County Department of Health, and the Village of Camillus, contending that the actions of the State, county and village were arbitrary and capricious, resulting in an unconstitutional appropriation of his property without compensation. Petitioner sought a judgment directing the respondents to approve the sewer connection to his property, requiring the village to take appropriate steps so that [41 N.Y.2d 318 Page 321]