Mitchell v. Village of Croton-on-Hudson

Plaintiffs have brought an action under section 51 of the General Municipal Law to enjoin the Village of Croton-on-Hudson from constructing a water storage tank upon premises formerly owned by the plaintiff Mitchell and acquired by the defendant village in a condemnation proceeding on the ground that the approval of the New York State Water Resources Commission is a necessary prerequisite to such construction.

The defendant village acquires its water from a series of wells in the bed of the Croton River. The water is pumped from these wells into a lower reservoir which supplies the…