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MORRIS COUNTY v. WEINER

222 N.J. Super. 560 (1988)

537 A.2d 752

COUNTY OF MORRIS, PLAINTIFF-APPELLANT, v. WAYNE H. WEINER, PAUL H. WEINER, THE TOWN OF MORRISTOWN, GLENN K. COUTTS AND ELEANOR H. COUTTS, HIS WIFE, FIRST MORRIS BANK, A NEW JERSEY CORPORATION, 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 (Armand L. D'Agostino, Morris County Counsel, attorney for appellant; Herbert M. Strulowitz, Assistant County Counsel, on the brief).

Harry J. Riskin argued the cause for respondents Weiner (McKirdy and Riskin, attorneys; Harry J. Riskin and Thomas Olson, on the brief).

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.

In this condemnation action plaintiff appeals from an order of the Law Division which dismissed the complaint on the ground that plaintiff, prior to instituting suit, had not first attempted to acquire the property through "bona fide negotiations" as required by N.J.S.A. 20:3-6. We agree with the determination under review and affirm.

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