THOMAS J. O'NEILL, TRUSTEE IN BANKRUPTCY FOR WASHINGTON TOWNSHIP RACQUET CLUB, INC., PLAINTIFF-RESPONDENT,
v.
TOWNSHIP OF WASHINGTON, DEFENDANT-APPELLANT,
v.
ATTORNEY GENERAL OF NEW JERSEY, INTERVENOR-RESPONDENT.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued December 21, 1983.
Decided February 22, 1984.
Attorney(s) appearing for the Case
Peter V. Koenig argued the cause for appellant Township of Washington (Wurtzel & Poller, attorneys; Kenneth G. Poller, on the brief).
Jonathan N. Harris argued the cause for respondent Thomas J. O'Neill, Trustee in Bankruptcy for Washington Township Racquet Club, Inc. (Andora, Palmisano, DeCotiis & Harris, attorneys; Jonathan N. Harris and Robert J. Romano, Jr., on the brief).
Harry Haushalter, Deputy Attorney General argued the cause for intervenor-respondent Attorney General of New Jersey (Irwin I. Kimmelman, Attorney General of New Jersey; James J. Ciancia, Assistant Attorney General, of counsel; Harry Haushalter, on the brief).
Before Judges FRITZ, FURMAN and DEIGHAN.
Superior Court of New Jersey, Appellate Division.
DEIGHAN, J.A.D.
This is an appeal from O'Neill v. Washington Tp.,188 N.J.Super. 565 (Law Div. 1983). The lower court held that a municipality may not set off a refund of real estate taxes against taxes due for subsequent years on the same property. The question has generated conflicting opinions in our courts. See cases cited O'Neill, supra, 188 N.J. Super. at 570.
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