GLOGOWSKI, JAMES K. v. COUNTY OF ORLEANS
Petitioner, a licensed land surveyor, initiated a CPLR article 78 proceeding against the County of Orleans, its Department of Health, and two individuals, seeking to compel approval of his septic system design for a farmhouse intended for migrant farm workers. The County denied the design, classifying the farmhouse as commercial and requiring a professional engineer's input. The Supreme Court dismissed the petition. The Appellate Division reversed, finding the County's interpretation of Education Law § 7208 (n) flawed. The court clarified that the design was "of a minor nature" for an individual lot, not a commercial building, and that the County erred in disqualifying the petitioner. The judgment was reversed, the petition reinstated, the County's determination annulled, and the case remitted for further proceedings.