State v. Malibu Beach, Inc.

WILLIAMS, A.J.S.C.

This condemnation action comes before the court on an order to show cause wherein plaintiff seeks a judgment appointing commissioners and determining that it has duly exercised its power of eminent domain with respect to certain property of defendant abutting State Highway No. 152 in Egg Harbor Township. Defendants Malibu and Seaview oppose the application. No other defendant appeared in opposition thereto.

*293With respect to condemnation actions N.J.S.A. 20:3-8 provides:

The action shall be instituted by filing of a verified complaint in form and content specified by the rules…