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COMMUNITY DEVELOPMENT CO., INC. v. SEASIDE GARDENS, INC.

7 N.J. 153 (1951)

81 A.2d 14

COMMUNITY DEVELOPMENT COMPANY, INC., A BODY CORPORATE OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. SEASIDE GARDENS, INC., A BODY CORPORATE OF THE STATE OF NEW JERSEY, AND THE TOWNSHIP OF MATAWAN, A MUNICIPAL CORPORATION, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided May 21, 1951.

Attorney(s) appearing for the Case

Mr. Ralph S. Heuser argued the cause for the appellant (Messrs. Heuser & Heuser, attorneys).

Mr. Lawrence A. Carton, Jr., argued the cause for the respondents (Messrs. Roberts, Pillsbury, Carton & Sorenson, attorneys).

Mr. Richard O. Venino on the brief.

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

This is an appeal from a judgment of the Superior Court, Law Division, dismissing a complaint in an action in lieu of certiorari which sought to test the validity of a tax sale. The complaint was dismissed for failure to state a cause of action. The cause was certified here on our own motion.

On August 31, 1950, Seaside Gardens, Inc., filed a complaint to foreclose a tax certificate covering certain...

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