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ROCKAWAY v. DONOFRIO

186 N.J. Super. 344 (1982)

452 A.2d 694

BOROUGH OF ROCKAWAY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MARGARETE DONOFRIO AND FRED G. DONOFRIO, HER HUSBAND; DOROTHEA ALLEN AND MR. ALLEN, HER HUSBAND; AND ROBERT ALLEN AND MRS. ALLEN, HIS WIFE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 25, 1982.

Attorney(s) appearing for the Case

Edward D. McKirdy argued the cause for appellants (McKirdy & Riskin, attorneys; John H. Buonocore, Jr., on the brief).

Edward A. Berman argued the cause for respondent (Wacks, Ramsey & Berman, attorneys).

Before Judges MILMED, MORTON I. GREENBERG and FURMAN.

The opinion of the court was delivered by MORTON I. GREENBERG, J.A.D.

The issue raised on this appeal under the Eminent Domain Act of 1971, N.J.S.A. 20:3-1 et seq., has not been specifically decided in any reported opinion. Should a condemnation action be dismissed if the condemnor does not comply with the requirements of N.J.S.A. 20:3-6 before instituting a condemnation action?

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