Board of Water Commissioners v. Johnson
Supreme Court of Connecticut
Applications for the determination of the amount of compensation to be paid certain owners of land, water, and water rights, by reason of the proposed diversion and appropriation, by the plaintiff, of the waters of Stony Brook in the town of Montville, pursuant to and as defined in an adopted plan and survey on file, brought to the Hon. 'Milton A. Shumway, a judge of the Superior Court, and heard and determined by him after a motion to quash had been denied and a demurrer to…
Read the full summary
Applications for the determination of the amount of compensation to be paid certain owners of land, water, and water rights, by reason of the proposed diversion and appropriation, by the plaintiff, of the waters of Stony Brook in the town of Montville, pursuant to and as defined in an adopted plan and survey on file, brought to the Hon. 'Milton A. Shumway, a judge of the Superior Court, and heard and determined by him after a motion to quash had been denied and a demurrer to the applications, filed by certain of the defendants, had been overruled, and appeal by those defendants. February 6th,…
1Opinion of the CourtPrentice, J.
The defendants present in their reasons of appeal, in various forms, a fundamental objection to the proceedings had before the judge to whom this application was addressed, and to the rendition of his judgment, which in substance is that the plaintiff upon the facts, either alleged or shown, is not entitled to take what it is sought to appropriate, since there has never been a judicial determination that there exists a necessity for such appropriation for the purpose to which it is proposed to devote it. In this connection they assert that to permit the plaintiff to take as attempted, in the…
2Cases cited31 opinions
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Shoemaker v. United StatesSupreme Court of the United States · 1893
- McMillen v. AndersonSupreme Court of the United States · 1877
- People v. . Adirondack Railway Co.New York Court of Appeals · 1899
26 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Gohld Realty Co. v. City of HartfordSupreme Court of Connecticut · 1954
- Town of Winchester v. CoxSupreme Court of Connecticut · 1942
- Adams v. Greenwich Water Co.Supreme Court of Connecticut · 1951
- State v. McCookSupreme Court of Connecticut · 1929
- State Ex Rel. Brush v. Sixth Taxing DistrictSupreme Court of Connecticut · 1926
44 more not listed; retrieve them via the Exa API.