Majority
p. 748In the Matter of the Condemnation of Lands in the Town of Scipio, Cayuga County, N. Y., for the Wyekoff-Cascade, Parts 1 and 2, County Highway. Consecutive Petition No. 4016, Cayuga County. The Board of Supervisors of the County of Cayuga, Petitioner, Respondent; Katharine E. Letchworth, Owner, Appellant.
Order reversed on the law and facts and proceeding dismissed, without costs and without prejudice to the institution of a new proceeding when a modified plan is finally adopted, upon the ground that the finding of public necessity is contrary to and against the weight of the evidence, and the evidence establishes that no public necessity exists. All concur. Present — Sears, P. J., Taylor, Edgeomb, Thompson and Crosby, JJ.