COLD INDIAN SPRINGS CORP. v. TP. OF OCEAN


154 N.J. Super. 75 (1977)

380 A.2d 1178

COLD INDIAN SPRINGS CORP., A NEW JERSEY CORPORATION; MIDDLEBROOK AT MONMOUTH, INC., A NEW JERSEY CORPORATION; WOODMERE AT EATONTOWN, INC., A NEW JERSEY CORPORATION; WOODSHIRE APARTMENTS, A NEW JERSEY PARTNERSHIP; RALEIGH CORPORATION, A NEW JERSEY CORPORATION; CONTINENTAL ENTERPRISES, A NEW JERSEY PARTNERSHIP; CONTINENTAL LAND DEVELOPERS, INC., A NEW JERSEY CORPORATION, PLAINTIFFS, v. TOWNSHIP OF OCEAN, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY; AND MARTIN BAILEY, TAX COLLECTOR OF THE TOWNSHIP OF OCEAN, DEFENDANTS, AND FRANK LINZMAYER AND EILEEN L. YOUMANS, ON BEHALF OF THEMSELVES AND AS REPRESENTATIVES OF TENANTS IN BUILDINGS INVOLVED IN THIS ACTION, INTERVENING DEFENDANTS-COUNTERCLAIMANTS. CHESTERFIELD ASSOCIATES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFFS, v. TOWNSHIP OF FREEHOLD, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND ROBERT N. FERRELL, TAX COLLECTOR OF THE TOWNSHIP OF FREEHOLD, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided October 21, 1977.


Attorney(s) appearing for the Case

Mr. Sheppard A. Guryan for plaintiffs Cold Indian Springs Corp. et al, and for plaintiff Chesterfield Associates, Inc. (Messrs. Lasser, Lasser, Sarokin & Hochman, attorneys).

Mr. Dennis M. Crawford for defendants Township of Ocean and Martin Bailey (Messrs. Schaefer, Crawford & Hirsch, attorneys).

Mr. Hilton P. Goldman for intervenors (Messrs. Bendit, Weinstock & Sharbaugh, attorneys).

Mr. Duane O. Davison for defendants, Township of Freehold and Robert N. Ferrell (Messrs. Kaye & Davison, attorneys).


LANE, A.J.S.C.

This is the return day of orders to show cause why orders should not be entered enjoining defendants from enforcing the Tenants' Property Tax Rebate Act, N.J.S.A. 54:4-6.2 et seq., as amended, L. 1977, c. 81, against plaintiffs pending further order of the court and enjoining defendants from enforcing tax collector certifications pending further order of the court. Plaintiffs in each case have moved for summary judgment. Defendants...

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