Gozelski v. Wyoming County

dents Jugdment unanimously affirmed, without costs. Memorandum: Plaintiff operated a potato farm in Wyoming County and irrigated his land with water pumped on the premises. The county defendants believed that plaintiff was diverting water from Oatka Creek, the water source for the Village of Warsaw. Defendants obtained, ex parte, a temporary restraining order (TRO) which authorized the Sheriff to remove the water pump from plaintiff’s premises. As a result of plaintiff’s inability to irrigate his land for the week in which the TRO was in effect, plaintiff lost his potato crop and sued for…