MATAWAN BOROUGH v. MONMOUTH CTY. TAX BD.


51 N.J. 291 (1968)

240 A.2d 8

BOROUGH OF MATAWAN, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. MONMOUTH COUNTY BOARD OF TAXATION, TOWNSHIP OF MATAWAN, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND FREDERICK RAUBINGER, COMMISSIONER OF NEW JERSEY DEPARTMENT OF EDUCATION, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey..

Argued February 20, 1968.

Decided March 7, 1968.


Attorney(s) appearing for the Case

Mr. Clive S. Cummis argued the cause for appellant (Messrs. Cummis, Kent & Radin, attorneys).

Mr. Stephen G. Weiss, Deputy Attorney General, argued the cause for respondents (Mr. Arthur J. Sills, Attorney General, and Mr. Richard T. Schwartz, attorneys).


PER CURIAM.

The judgment is affirmed for the reasons expressed in the following portion of the opinion of Judge Simmill in the Law Division:

"This is an action in lieu of prerogative writ brought by the Borough of Matawan challenging defendants' interpretation of N.J.S.A. 18:8-17 (3) prior to its amendment in 1965, and challenging the constitutionality of N.J.S.A. 18:8-26. Both sides now move for summary...

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