Sherwood v. Pearl River Valley Water Supply District

(dissenting) :

I am unable to join my colleagues in their disposition of this case.

As one of the grounds for relief against a state court judgment of condemnation, the appellant administrator alleged that by eminent domain, and by deed under threat of eminent domain, the defendant Water Supply District acquired all land within a quarter of a mile of the perimeter of the reservoir created by it “with the exception of lands belonging to or were acquired [sic] by officers, employees and promoters of the defendant District, which were allowed to remain in their hands for private development,” so…