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ZITO v. KINGSLEY

92 N.J. Super. 37 (1966)

222 A.2d 130

FRANK ZITO AND TANINA ZITO, TOWNSHIP OF SOUTH HACKENSACK IN THE COUNTY OF BERGEN, A MUNICIPAL CORPORATION OF NEW JERSEY, AND CHARLES S. PICARDI, LEONARD PERRELLI, SR., AND JOHN J. JANNUZZI, BOARD OF ASSESSORS OF THE TOWNSHIP OF SOUTH HACKENSACK, PLAINTIFFS-APPELLANTS, v. WILLIAM KINGSLEY, ACTING DIRECTOR OF THE DIVISION OF TAXATION, AND THE BERGEN COUNTY BOARD OF TAXATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 7, 1966.

Attorney(s) appearing for the Case

Mr. Ralph W. Chandless argued the cause for appellants (Messrs. Chandless, Weller & Kramer, attorneys).

Mr. Elias Abelson, Deputy Attorney General, argued the cause for respondents (Mr. Arthur J. Sills, attorney).

Before Judges GOLDMANN, FOLEY and COLLESTER.

The opinion of the court was delivered by GOLDMANN, S.J.A.D.

Plaintiffs brought an action in the Law Division to have chapters 140 and 141 of the Laws of 1964 declared unconstitutional and to require defendants to desist from enforcing them. Following answer and the filing of cross-motions for summary judgment, the Law Division judge denied plaintiffs' motion and dismissed the complaint. This appeal followed.

The statutes in question amend

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