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MONMOUTH COUNTY v. WHISPERING WOODS AT BAMM HOLLOW, INC.

222 N.J. Super. 1 (1987)

535 A.2d 968

COUNTY OF MONMOUTH, PLAINTIFF-APPELLANT, v. WHISPERING WOODS AT BAMM HOLLOW, INC., A CORPORATION, WILLIAM J. MONTANARO; FRANK DIMISA; HARRY KANTOR; VICTOR LOSQUADRO AND TOWNSHIP OF MIDDLETOWN, DEFENDANTS-RESPONDENTS. JOSEPH AZZOLINA, INDIVIDUALLY AND AS A REPRESENTATIVE OF A CLASS OF ALL THOSE PERSONS SIMILARLY SITUATED, PLAINTIFF, v. THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF MONMOUTH, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided October 16, 1987.

Attorney(s) appearing for the Case

Alfred Ferguson argued the cause for appellant (McCarter & English, attorneys; Brenda C. Liss, on the brief).

Peter H. Wegener argued the cause for respondents (Bathgate, Wegener, Wouters & Neumann, attorneys; Peter H. Wegener, on the brief).

Before Judges DREIER and BAIME.

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...

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