BELMONT v. WAYNE TP.


3 N.J. Tax 382 (1981)

JOSEPH L. BELMONT, PLAINTIFF, v. WAYNE TOWNSHIP, DEFENDANT.

Tax Court of New Jersey.

October 7, 1981.


Attorney(s) appearing for the Case

Carl R. Woodward, III, for plaintiff (Sweeney, Bozonelis, Staehle & Woodward, attorneys).

Marjorie Neifeld, for defendant (Frank Scangarella, attorney).


LARIO, J.T.C.

This is a motion for summary judgment to dismiss taxpayer's complaint which raises the question: Does failure to file, within the time prescribed, applications for farmland assessment for subsequent years, constitute a change in use under the Farmland Assessment Act, N.J.S.A. 54:4-23.1 et seq., which would trigger rollback taxes?

For the tax year 1977 plaintiff filed an application for a farmland assessment. It was denied by Wayne...

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