MAHWAH TOWNSHIP, JOANNE MAKELY, FRANK P. KRAUS, NEILAN BOMAN, PLAINTIFFS,
v.
BERGEN COUNTY, BERGEN COUNTY, BOARD OF TAXATION, CRESSKILL BOROUGH, CLOSTER BOROUGH, FORT LEE BOROUGH, DEMAREST BOROUGH, LITTLE FERRY BOROUGH, EUGENE P. BARDEN, ELIAS M. ELIASOF, CHARLES WARK, EDWARD W. JANSEN, NICHOLAS CORBISCELLO, FAIR LAW BOROUGH, TEANECK TOWNSHIP, WERNER H. SCHMID, ALPINE BOROUGH, TETERBORO TOWNSHIP, ALLENDALE BOROUGH, HACKENSACK CITY, ENGLEWOOD CLIFFS BOROUGH, RIDGEFIELD PARK BOROUGH, LODI BOROUGH, CARLSTADT BOROUGH, FAIRVIEW BOROUGH, DEFENDANTS.
Tax Court of New Jersey.https://leagle.com/images/logo.png
November 20, 1981.
November 20, 1981.
Attorney(s) appearing for the Case
E. Carter Corriston and Brian T. Campion for plaintiffs (Breslin & Breslin, attorneys).
John J. Langan, Jr. for defendant Bergen County (Dominick Presto, attorney).
Harry Haushalter, Deputy Attorney General, for defendant Bergen County Board of Taxation (John J. Degnan, Attorney General, attorney).
Anthony D. Andora for defendants Cresskill Borough, Closter Borough, Fort Lee Borough, Demarest Borough, Little Ferry Borough, Eugene P. Barden, Elias M. Eliasof, Charles Wark, Edward W. Jansen, Nicholas Corbiscello (Andora, DeCotiis & Harris, attorneys).
Jack Ballan for defendant Fair Lawn Borough.
Jacob Schneider and Peter Ciancia for defendants Teaneck Township, Alpine Borough and Werner H. Schmid (Schneider, Schneider & Balt, attorneys).
David B. Bole for defendants Teterboro Township and Allendale Borough (Winne, Dooley & Bole, attorneys).
Melvin Gittleman and Steven Muhlstock for defendants Hackensack City and Englewood Cliffs Borough (Melvin Gittleman, attorney).
Martin T. Durkin for defendant Ridgefield Park Borough.
John M. DiMaria for defendant Lodi Borough (Carbonetti & DiMaria, attorneys).
Joseph P. Winberry for defendant Carlstadt Borough.
Stanley L. Wyrzykowski for defendant Fairview Borough.
Donald E. Morrice on behalf of amicus curiae Cedar Grove Township (Jardine, Morrice & Pagano, attorneys).
Tax Court of New Jersey.
EVERS, J.T.C.
The issues involved in this matter are voluminous but all stem from the claim of Mahwah Township (herein Mahwah) for a rebate pursuant to N.J.S.A. 54:4-5 (herein rebate statute) of a portion of funds paid by Mahwah to Bergen County (herein county) toward the annual county budget from 1972 through 1980 in the approximate amount of $4,750,000. A resolution of this claim requires a determination of the standards which must be satisfied by the claimant...
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