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COUNTY OF MONMOUTH v. WISSELL

68 N.J. 35 (1975)

342 A.2d 199

COUNTY OF MONMOUTH, PLAINTIFF-APPELLANT, v. ROBERT J. WISSELL AND BARBARA J. WISSELL, HIS WIFE, AND EDGAR ROGERS, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 11, 1975.

Attorney(s) appearing for the Case

Mr. Robert E. McLeod argued the cause for plaintiff-appellant (Mr. John M. Pillsbury, of counsel; Messrs. Pillsbury, Russell & Ashbey, attorneys).

Mr. Richard J. Doyle argued the cause for defendants-respondents (Messrs. Carton, Nary, Witt & Arvanitis, attorneys).

The opinion of the court was delivered by SCHREIBER, J.

The plaintiff County of Monmouth instituted a condemnation proceeding to acquire property owned by the defendants Robert J. Wissell and Barbara J. Wissell for park purposes. The County filed and served a declaration of taking so that it could take immediate possession of the property. The defendants moved to strike the declaration and restrain plaintiff from obtaining...

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