I submitted a private well variance application to local Health Department to reduce 100 ft radius sanitary control areas because my property is only 100 ft wide, and the sanitary control area will cross the neighboring properties. The variance was first approved on 10/24/2019 with 15 calendar days appeal period. The neighbor on east submitted an appeal on 11/12/2019, which missed the appeal deadline. However, the Health Officer put my well application on hold and told me try to avoid crossing the neighboring property. Eventually, he denied my variance application on 5/21/2020. Now I have 15 calendar days to appeal his decision.

Can I appeal his decision based on that the neighbor's appeal was submitted late and thus not a valid appeal? If so, can I announce my motion to dismiss the denial order at the beginning of the hearing. What process and language should I use at the hearing?

Thanks a lot.