SCHIZOPHRENIA FOUND. OF N.J. v. MONTGOMERY TP.


6 N.J. Tax 439 (1984)

SCHIZOPHRENIA FOUNDATION OF NEW JERSEY, A NON-PROFIT CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. TOWNSHIP OF MONTGOMERY, IN SOMERSET COUNTY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 1, 1984.


Attorney(s) appearing for the Case

McCarthy & Hicks, for appellant (Peter G. Sheridan, on the brief).

Mason, Griffin & Pierson, for respondent (G. Thomas Reynolds, Jr., on the brief).

Irwin I. Kimmelman, Attorney General, pro se (Deborah T. Poritz, Deputy Attorney General, of counsel; Harry Haushalter, Deputy Attorney General, on the brief).

Before Judges ARD and MORTON I. GREENBERG.


The opinion of the court was delivered by MORTON I. GREENBERG, J.A.D.

The issue raised on this appeal is quite narrow. Should a building subject to an added assessment be exempted from real estate taxes if upon completion it qualifies for such an exemption or is the exemption to be denied because the building did not so qualify on October 1 of the pretax year? Judge Conley in the Tax Court decided that no exemption should be allowed. We disagree and accordingly reverse...

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