In re the Board of Supervisors

Judgment of condemnation reversed on the law and the facts, with costs, and the petition dismissed, with costs. In our opinion there has not been a substantial compliance by the petitioner with the statutory provisions in respect of a showing that there was necessity for the improvement and that a fair and reasonable effort was made to purchase the property by agreement with the appellant. Lazansky, P. J., Young, Hagarty and Carswell, JJ., concur; Tompkins, J., not voting.