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SCHERE v. TOWNSHIP OF FREEHOLD

150 N.J. Super. 404 (1977)

375 A.2d 1218

FRANK SCHERE, JOAN SCHERE AND WEMROCK ASSOCIATES, PETITIONERS-RESPONDENTS, v. TOWNSHIP OF FREEHOLD, A TAXING DISTRICT IN THE COUNTY OF MONMOUTH AND STATE OF NEW JERSEY, RESPONDENT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 6, 1977.

Attorney(s) appearing for the Case

Mr. Duane O. Davison argued the cause for appellant (Messrs. Kaye & Davison, attorneys; Mr. John A. Kaye, of counsel).

Mr. William R. Blair, Jr. argued the cause for respondents (Messrs. Parsons, Canzona, Blair & Warren, attorneys).

Before Judges LYNCH, MILMED and ANTELL.

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

The Township of Freehold (township) appeals from a judgment of the Division of Tax Appeals (Division) which purported to fix "roll-back" taxes (N.J.S.A. 54:4-23.8) for the tax years 1972 and 1973 on property which was sold by Frank and Joan Schere to Wemrock Associates, petitioners-respondents (taxpayers). After the sale in 1973 the use of the subject...

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