In Re Taconic Racing and Breeding Association, Inc. ( 1965 )

Barney, J.

(dissenting) It would seem to me to be wiser and more justifiable to issue the writ to require the Bennington County Board of Appraisers to exactly resolve the admitted inconsistency in their report, rather than by denial to assume it amounts to a mere inadvertence or inconsequential variation, even though the assumption may very likely happen to accord with the actual facts were they all before us.

Although the majority are unpersuaded by this argument, I note it briefly here as a dissent in order to establish its consideration by the Court.