County of Monmouth v. Whispering Woods at Bamm Hollow, Inc.

The opinion of the court was delivered by

BAIME, J.A.D.

This is an appeal from a judgment of the Superior Court, Law Division, dismissing appellant County of Monmouth’s action seeking to condemn property owned by respondents Whispering Woods at Bamm Hollow, Inc., Frank DiMisa, Harry Kantor and Victor Losquadro. Following a hearing, the trial judge determined that appellant had not engaged in bona fide negotiations with respondents prior to the commencement of the action, contrary to the mandate of N.J.S.A. 20:3-6. The judge also concluded that the complaint was defective because it did not…