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MORRIS COUNTY v. 8 COURT STREET LTD.

223 N.J. Super. 35 (1988)

537 A.2d 1325

COUNTY OF MORRIS, PLAINTIFF-APPELLANT-CROSS-RESPONDENT, v. 8 COURT STREET LIMITED, A NEW JERSEY PARTNERSHIP, AND RICHARD J. TRAYNOR, PARTNER, DEFENDANTS-RESPONDENTS-CROSS-APPELLANTS, AND PETER A. BENZ, PARTNER, THE TOWN OF MORRISTOWN, THE VILLAGE BANK OF NEW JERSEY, A CORPORATION OF THE STATE OF NEW JERSEY, FLAT IRON LAND COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, JERSEY CENTRAL POWER AND LIGHT CO., A CORPORATION OF THE STATE OF NEW JERSEY, AND MORRIS COUNTY SAVINGS BANK, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 18, 1988.

Attorney(s) appearing for the Case

Herbert M. Strulowitz, Assistant County Counsel, argued the cause for appellant-cross-respondent (Armand L. D'Agostino, Morris County Counsel, attorney, Herbert M. Strulowitz, on the brief).

Edward P. Deutsch argued the cause for respondents-cross appellants 8 Court Street Ltd. and Richard J. Traynor (McElroy, Deutsch & Mulvaney, attorneys, Edward P. Deutsch, of counsel, Fred A. Manley, Jr., on the brief).

Respondent Town of Morristown has filed a letter of nonparticipation.

Respondent National State Bank, as successor in interest of respondent Village Bank, has filed a letter of nonparticipation.

No other respondent has filed a brief in this proceeding.

Before Judges ANTELL, DEIGHAN and LANDAU.

The opinion of the court was delivered by ANTELL, P.J.A.D.

Plaintiff appeals from an order dismissing its condemnation proceeding against defendants, owners of a parcel of improved real estate in Morristown. The action was dismissed for plaintiff's failure to comply with the following provision of the Eminent Domain Act:

... no action to condemn shall be instituted unless the condemnor is unable to acquire such title or possession through bona fide negotiations...

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