MURNICK v. ASBURY PARK


95 N.J. 452 (1984)

471 A.2d 1196

THEODORE MURNICK AND MAXINE MURNICK, HIS WIFE, PLAINTIFFS-APPELLANTS, v. CITY OF ASBURY PARK, DEFENDANT-RESPONDENT, and ATTORNEY GENERAL OF NEW JERSEY, INTERVENOR-RESPONDENT.

The Supreme Court of New Jersey.

Decided February 27, 1984.


Attorney(s) appearing for the Case

Carl G. Weisenfeld argued the cause for appellants (Hannoch, Weisman, Stern, Besser, Berkowitz & Kinney, attorneys; Carl G. Weisenfeld, Todd M. Sahner and Paul H. Brownstein, of counsel and on the briefs).

Edward G. Rosenblum argued the cause for respondent (Rosenblum & Rosenblum, attorneys).

Harry Haushalter, Deputy Attorney General, argued the cause for intervenor-respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel).


The opinion of the Court was delivered by POLLOCK, J.

At issue on this appeal is the constitutionality of N.J.S.A. 54:1-35a and N.J.S.A. 54:2-40.4 (commonly known as "chapter 123") under art. VIII, § 1, para. 1(a) of the New Jersey Constitution, which mandates that real property be assessed according to a uniform standard of value. Resolution of that issue involves determining whether chapter 123 provides the exclusive form of relief from a claim...

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