THE COUNTY OF ESSEX v. CHRISTIAN FEIGENSPAN CO ORATON INVESTMENT CO CITY OF NEWARK NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF TIDELANDS MANAGEMENT (2011)

Superior Court of New Jersey, Appellate Division.

THE COUNTY OF ESSEX, a public body Corporate and politic of the State of New Jersey, Plaintiff–Respondent, v. GERALD RUBIN and THE GRACE ARAMANDA TRUST, Defendants–Appellants, CHRISTIAN FEIGENSPAN & CO.; ORATON INVESTMENT CO.; CITY OF NEWARK; NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, BUREAU OF TIDELANDS MANAGEMENT, Defendants.

DOCKET NO. A–0714–10T3

Decided: June 24, 2011

Before Judges Cuff and Sapp–Peterson.

Anthony F. Malanga, Jr., attorney for appellants. DeCotiis, FitzPatrick & Cole, LLP, attorneys for respondent (Louis N. Rainone, of counsel; Michael J. Caccavelli and Michael J. Ash, on the brief).

In this condemnation matter, defendants Gerald Rubin and the Grace Aramanda Trust argue that plaintiff County of Essex failed to engage in bona fide negotiations with them to acquire the property as required by N.J.S.A. 20:3–6, and failed to serve them with the appraisal before filing the verified complaint and order to show cause. Defendants contend the trial judge erred when she rejected their argument and granted the order to show cause.

We affirm substantially for the reasons expressed by Judge Patricia Costello in her August 19, 2010 opinion. The August 24, 2010 order for judgment and appointing commissioners is affirmed.

Affirmed.

PER CURIAM

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law