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CITY OF ORANGE v. WALL DAY REALTY CO.

150 N.J. Super. 1 (1977)

374 A.2d 496

CITY OF ORANGE, A MUNICIPAL CORPORATION IN THE COUNTY OF ESSEX AND STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. WALL DAY REALTY CO., A NEW JERSEY CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 17, 1977.

Attorney(s) appearing for the Case

Francis J. Dooley, attorney for appellant.

Franklin C. Phifer, attorney for respondent Esther Rabinowitz Holzman.

No brief was filed on behalf of respondent Wall Day Realty Co. or on behalf of its attorney.

Before Judges HALPERN, ALLCORN and BOTTER.

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

Given the proposition that unpaid real estate taxes are a first lien upon the land assessed, N.J.S.A. 54:5-6, 9, the prevailing view appears to be that the lien of those taxes as assessed against the entire parcel follows and attaches upon a condemnation award, even though only a portion of the parcel was taken in the condemnation proceeding.1

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