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FARMINGDALE REALTY CO. v. BOR. OF FARMINGDALE

55 N.J. 103 (1969)

259 A.2d 708

FARMINGDALE REALTY CO., PLAINTIFF-APPELLANT, v. BOROUGH OF FARMINGDALE, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided December 16, 1969.

Attorney(s) appearing for the Case

Mr. John Warren, Jr. argued the cause for plaintiff-appellant (Messrs. Parsons, Canzona, Blair & Warren, attorneys; Mr. Warren, of counsel; Mr. William G. Bassler, on the brief).

Mr. John W. O'Mara argued the cause for defendant-respondent (Messrs. Saling, Boglioli & Moore, attorneys; Mr. O'Mara, on the brief).

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

The plaintiff, a real property owner in the defendant municipality, sued in the Law Division to secure a refund of excess taxes paid for the years 1962, 1963 and 1964 by reason of partial duplicate assessments. The action was based on the following provision of N.J.S.A. 54:4-54:

"Where by mistake property real or personal has been twice entered and assessed on the tax duplicate, the governing body of...

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