State v. Baker

I write in dissent both to state the grounds of my disagreement with the decision reached by my colleagues and with the reasons offered in support of that holding, but also to indicate as clearly as I am able the great significance of this case to property and home owners throughout the State and indeed to the citizens of the State generally. Although there are a number of statements and declared points of view in the majority opinion to which I take exception, two aspects of the decision are of especial importance and deserve to be especially emphasized.

One of these is the result that this…