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CHESTER THEATRE GROUP v. BOR. OF CHESTER

115 N.J. Super. 360 (1971)

279 A.2d 878

THE CHESTER THEATRE GROUP OF THE BLACK RIVER PLAYHOUSE, A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. THE BOROUGH OF CHESTER, DEFENDANT-RESPONDENT, AND STATE OF NEW JERSEY, DIVISION OF TAX APPEALS, DEPARTMENT OF TREASURY, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Argued March 25, Decided July 6, 1971.

Attorney(s) appearing for the Case

Mr. Alan D. Rubenstein argued the cause for appellant.

Mr. Francis A. Bock argued the cause for respondent Borough of Chester (Messrs. Orr & Bock, attorneys).

Mr. George F. Kugler, Jr., Attorney General of New Jersey, filed a statement in lieu of brief on behalf of respondent Division of Tax appeals (Mr. Herbert K. Glickman, Deputy Attorney General, of counsel).

Messrs. McCarter & English filed brief on behalf of The Playhouse Association, Inc., amicus curiae (Mr. Nicholas Conover English, of counsel).

Messrs. Lum, Biunno & Thompkins filed brief on behalf of The Chatham Community Players, amicus curiae (Mr. William B. Lum, of counsel).

Before Judges CONFORD, KOLOVSKY and CARTON.

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

The Chester Theatre Group of the Black River Playhouse (Group) appeals from an order of the Division of Tax Appeals (Division) affirming the denial by the Morris County Board of Taxation of a real property exemption under N.J.S.A. 54:4-3.6.

The Group is a New Jersey nonprofit corporation organized "to stimulate, perpetuate and develop interest in the dramatic arts and to educate the general public...

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