County of Monmouth v. Wissell

The opinion of the court was delivered by

Schreibek, J.

The plaintiff County of Monmouth instituted a condemnation proceeding to acquire property owned by the defendants Robert J. Wissell and Barbara J. Wissell for park purposes. The County filed and served a declaration of taking so that it could take immediate possession of the property. The defendants moved to strike the declaration and restrain plaintiff from obtaining possession. The Superior Court, Law Division, denied the motion. Leave to appeal was granted and the Appellate Division reversed. The matter is before us by virtue of our…