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MC SHAIN v. TOWNSHIP OF EVESHAM

163 N.J. Super. 522 (1978)

395 A.2d 251

JOHN MC SHAIN AND THE BARCLAY, INC., A CORPORATION OF THE STATE OF PENNSYLVANIA, PLAINTIFFS, v. TOWNSHIP OF EVESHAM, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, ET AL., DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided October 31, 1978.

Attorney(s) appearing for the Case

Mr. William S. Ruggierio for defendant Evesham Township (Messrs. Ruggierio & Freeman, attorneys).

Mr. Lewis Pepperman for plaintiff (Messrs. Stark & Stark, attorneys).

Mr. Arthur F. Risden for defendants John Croft III and Croft Farms, Inc. (Messrs. Archer, Greiner & Read, attorneys).

Mr. William W. Freihofer, Jr. for defendants Estate of David Davis Wilkins and Boardwalk National Bank of Atlantic City (Messrs. Kirkman, Mulligan, Bell & Armstrong, attorneys).

HAINES, J.S.C.

The case was presented to the court on the following stipulated set of facts.

Plaintiffs are the owners of certain real estate in defendant township. Their property was assessed for real estate tax purposes and tax bills forwarded to them by the tax collector. Prior to the second half of 1958 plaintiffs' property was described as "20 acres meadow, 47.99/100 acres farmland, house and outbuildings, stock, etc." The township, apparently because...

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