County of Erie v. Lancaster Development Co.

This proceeding - was attempted to be conducted pursuant to chapter 638 of the Laws of 1924, as amended by chapter 257 of the Laws of 1925 and chapter 244 of the Laws of 1928, which provides that proceedings to condemn lands for park purposes must be “ instituted by the park commission in the name of the county of Erie.” The petition herein was made by the board of, supervisors and verified by its chairman. The design of, the statute was that the park commissioners should institute the proceeding, for they are the ones who must be supposed to know the facts that form the basis of the…