I designed a service for a building being served by a 120/240 3p4w source. I needed 400-amps full 3phase for HVAC equip't, and 400-amps 1phase for lighting loads. I fed a service rated fusible switch with 2 sets of 2#500 kcmil (a-phase and c-phase), 2 #250 kcmil (b-phase), and 1 #250 (neutral), and fused b-phase at 400-amps. The drawing passed city review, but months later the inspector has red tagged the service because the parallel phase feeders are not all the same size (NEC 310-4). I maintain that the electrically the system is safe; do I have a "leg" to stand on?