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WEEHAWKEN ENV. COMMITTEE, INC. v. TP. WEEHAWKEN

161 N.J. Super. 381 (1978)

391 A.2d 968

WEEHAWKEN ENVIRONMENT COMMITTEE, INC., A NEW JERSEY CORPORATION, BERNARD TUROK, JOSEPH J. WAGNER, JAMES T. DETTE, PETER BARNET AND MARIANNE WUILLAMEY, PLAINTIFFS, v. TOWNSHIP OF WEEHAWKEN, A BODY POLITIC AND CORPORATE OF THE STATE OF NEW JERSEY, WEEHAWKEN PLANNING BOARD, TOWNSHIP COMMITTEE OF WEEHAWKEN, HOWARD KAPPLER, INDIVIDUALLY AND AS CONSTRUCTION OFFICIAL OF THE TOWNSHIP OF WEEHAWKEN; EDWARD J. KUNTZ, INDIVIDUALLY AND AS BUILDING INSPECTOR OF THE TOWNSHIP OF WEEHAWKEN, EXCEL PROPERTIES CORP., A NEW JERSEY CORPORATION AND TENWOOD TOWERS OF WEEHAWKEN COMPANY, A LIMITED PARTNERSHIP, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided July 13, 1978.

Attorney(s) appearing for the Case

Mr. Howard Moskowitz for plaintiff Weehawken Environment Committee, Inc. (Mr. Jesse Moskowitz, attorney).

Mr. James Flynn for defendants Excel Properties Corp. and Tenwood Towers of Weehawken Company (Mr. James P. Dugan, attorney).

Mr. Libero Marotta for defendant Township of Weehawken.

Mr. Michael I. Lubin for defendant Weehawken Planning Board (Messrs. Wittman, Anzalone, Bernstein & Dunn, attorneys).

Mr. Michael Milewski for intervenor Hackensack Water Company (Messrs. Waters, McPherson, Hudzin & McNeill, attorneys).

THURING, J.S.C.

Before the court are cross-motions for partial summary judgment. The motions raise the issue of the validity of a municipal governing body's resolution granting tax exempt status to private corporations.

Tenwood Towers of Weehawken Company is the developer of a proposed high-rise, moderate-income housing complex in Weehawken. The land, owned by the Hackensack Water Company, is under contract of sale to Excel Properties Corp., a partner in Tenwood...

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