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CENTEX HOMES OF N.J., INC. v. MANALAPAN TP.

4 N.J. Tax 599 (1982)

CENTEX HOMES OF NEW JERSEY, INC., PLAINTIFF, v. MANALAPAN TOWNSHIP, DEFENDANT.

Tax Court of New Jersey.

September 23, 1982.

Attorney(s) appearing for the Case

Louis Holland for plaintiff (Chasan, Leyner, Holland & Tarrant, attorneys).

Richard T. O'Connor for defendant (Cerrato, O'Connor, Mehr & Saker, attorneys).

Harry Haushalter, Chief Asst. Atty. Gen., for intervenor (Irwin I. Kimmelman, Atty. Gen. of New Jersey, attorney).

ANDREW, J.T.C.

Plaintiff challenges the constitutionality of N.J.S.A. 40:55D-59, a section of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., which terminates agricultural or horticultural real property assessments and imposes rollback taxes when land which is being valued, assessed and taxed pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq., receives preliminary subdivision, site plan or planned...

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