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SCHNEIDER v. CITY OF EAST ORANGE

196 N.J. Super. 587 (1984)

483 A.2d 839

W.J. SCHNEIDER AND K.B. MARCUS, PLAINTIFFS-APPELLANTS, v. CITY OF EAST ORANGE, DEFENDANT-RESPONDENT, AND ATTORNEY GENERAL OF NEW JERSEY, INTERVENOR-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 8, 1984.

Attorney(s) appearing for the Case

Alan R. Hammer argued the cause for appellants (Brach, Eichler, Rosenberg, Silver, Bernstein & Hammer, attorneys; Alan R. Hammer, of counsel and on the brief; Michael Pesce and Daniel Keough, on the brief).

Robert F. Giancaterino argued the cause for respondent City of East Orange (Skoloff & Wolfe, attorneys; Saul A. Wolfe, of counsel; Robert F. Giancaterino, on the brief).

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

Before Judges MORTON I. GREENBERG, O'BRIEN and GAYNOR.

The opinion of the court was delivered by GAYNOR, J.A.D.

This appeal from a dismissal of the complaint by the Tax Court involves the construction and constitutionality of N.J.S.A. 54:2-39, now 54:51A-1(b), with respect to the tax payment requirement on an appeal from the Essex County Board of Taxation to the Tax Court. Plaintiffs contend that the court's strict construction of this provision of the statute was inconsistent with the judicial interpretation given...

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