a parcel of real estate located in that part of the City of Huntington which extends into Wayne County, the other portion of the city being located in Cabell County. The particular area in which the real estate is located is not served by a public sanitary sewer system. Since appellees desired to build their residence upon the property, they applied to the city for a building permit, and, along with the application, submitted a plot layout for a septic tank system. The permit was denied when the Cabell-Huntington Health Department refused to approve the proposed septic tank system.
On June 12, 1967, appellees filed a petition for a writ of mandamus to compel the city to issue a valid building permit for the aforesaid purpose. In an amendedjurisdiction over the entire city in both counties. The appellees contend that such jurisdiction is in the Wayne County Health Department for that part of the city situate in Wayne County.
The appellants assign as error the circuit court's ruling that the Wayne County Health Department has jurisdiction over that part of the city which lies within Wayne County instead of the Cabell-Huntington Health Department having such jurisdiction; the court commanding the appellants to issue the building permit upon payment of the required fees; the court stating in its written opinion that the Wayne County Health Department had approved appellees' plans and specifications for the proposed septic tank system; the court's ruling that the city had not complied with the statutes with respect to regulating health in that portion