Majority
p. 750Fourth Department, September, 1938. (September 21,1938.) In the Matter of the Application of Gertrude Andrews and Others, Doing Business under the Name and Style of Van Buren Point Co., Petitioners, v. J. Sherwood Dunham and Others, Constituting the Town Board of the Town of Portland, Chautauqua County, New York, Defendants.
Order of certiorari sustained on the law and the facts, determination of the defendants annulled, and certificate establishing a water district within the confines of the town of Portland, Chautauqua county, known as Van Burén Point Water District, canceled of record, without costs. All concur. (Certiorari proceeding to review the action of defendants in establishing a water district.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Taylor, JJ.