58 N.J. Eq. 354 | New York Court of Chancery | 1899
The board of health of the borough, under the act of February 22d, 1888, chapter 56 (Gen. Stat. p. 1642), have the right to regulate the plumbing of buildings and to require plans to be submitted for their inspection and approval. Where a plan has been submitted by an owner to the board, and the plan so submitted has been approved, either as submitted or with alterations, the owner, if he proceeds with the work, must conform to the plans as approved. If the owner desires to question either the failure to approve his plans or the conditions as -unreasonable, he must do so by appeal to the courts before proceeding with the work. Otherwise, he is bound in justice, as well as'by the ordinance of the board of health, to follow the plans as approved. Morford v. Board of Health, 32 Vr. 386 (Supreme Court, 1898), p. 390, citing Health Department v. Lalor, 38