New York Supreme Court March 18, 1963 (Co-Pilot Enterprises, Inc. v. Suffolk County Department of Health)

D. Ormonue Ritchie, J.

In this action for a declaratory judgment the court is asked to determine the constitutionality and validity of a regulation promulgated by the Suffolk County Department of Health (for the purpose of brevity, hereinafter called the Department) establishing a minimum distance between sewage and waste disposal systems (hereinafter called cesspools) and private water supply