Majority
p. 560In the Matter of the Application of the Board of Supervisors of the County of Rockland, Respondent, Relative to Acquiring Title to Certain Real Property in Said County for Highway Purposes for the Highway Known as the Suffern-Met. Ivy County Highway No. 1448. (Proceeding No. 2.) Fenton Sherwood, Appellant.
Judgment of condemnation reversed on the law and the facts, with costs, and the petition dismissed, with costs. In our opinion there has not been a substantial compliance by the petitioner with the statutory provisions in respect of a showing that there was necessity for the improvement and that a fair and reasonable effort was made to purchase the property by agreement with the appellant. Lazansky, P. J., Young, Hagarty and Carswell, JJ., concur; Tompkins, J., not voting.