Township of Pemberton v. Berardi

The opinion of the court was delivered by

HOLSTON, JR., J.A.D.

Defendant, Rocco Berardi, owner of a strip mall named the “Browns Mills Shopping Center” in the Township of Pemberton (Pemberton), and defendant, Antonia Berardi, owner of an adjacent vacant piece of land, also considered part of the shopping center, appeal the Law Division’s August 6, 2004 order denying defendants’ motion for an order compelling Pemberton to file, record and serve a declaration of taking or otherwise abandon the proceedings pursuant to N.J.S.A. 20:3-25.1

We are called upon to decide whether, in a condemnation action…