of the city situate in Wayne County; the court's ruling that the cooperation of the Wayne County Court is necessary to create a board of health with jurisdiction over the entire city; the court's ruling that the city does not have the authority to pass the regulation involved in this case; the court's ruling that the Cabell-Huntington Health Department only has jurisdiction within the boundaries of Cabell County; and the court's ruling that the city may not impose health requirements upon property owners to whom it has not extended sanitary sewer service enjoyed by other residents of the city.
On November 24, 1969, we granted the appeal and supersedeas prayed for by the appellants, and on September 8, 1970, the case was submitted for decision upon oral argument andformation of a combined local board of health as herein provided, and during the period that it continues to exist, there shall be no separate county board of health or municipal board of health in any county or municipality represented on the combined board of health.
As heretofore noted, it has been stipulated that the Wayne County Health Department is organized and existing under the authority of Article 2A, Section 1, which, in pertinent part provides: "The jurisdiction of such county board of health shall be co-extensive with the territorial limits of the county and shall include every city, town, and village therein which does not have a full-time health officer of its own employed in the manner, for the purpose, and to perform the duties set forth in