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TOWNSHIP OF MONTVILLE v. BLOCK 69, LOT 10

74 N.J. 1 (1977)

376 A.2d 909

TOWNSHIP OF MONTVILLE, A MUNICIPAL CORPORATION IN THE COUNTY OF MORRIS AND STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. BLOCK 69, LOT 10, ASSESSED TO ANTON SPITZ AND IDA SPITZ, BLOCK 56, LOT 16, ASSESSED TO JOHN H. HIXSON, BLOCK 98, LOT 12, ASSESSED TO WAYNE P. AND SUE ANN VAN DUYNE, DEFENDANTS, AND BLOCK 39, LOTS 1, 75B, 75C, 90, 91 AND 92, ASSESSED TO MONTVILLE INDUSTRIAL PARK, INC., DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 9, 1977.

Attorney(s) appearing for the Case

Mr. Martin M. Friedman argued the cause for appellant (Messrs. Friedman, Kates, Uscher & Pearlman, attorneys).

Mr. Lawrence K. Eismeier argued the cause for respondent (Messrs. Young & Sears, attorneys).

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

This case involves the constitutionality of the notice procedures prescribed by the In Rem Tax Foreclosure Act, N.J.S.A. 54:5-104.29 et seq. The corporate landowner, which moves to reopen a final judgment of foreclosure by the municipality, argues that the act's requirements of notice by publication and posting fall short of constitutionally guaranteed procedural...

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