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N.J. STATE LEAGUE OF MUNICIPALITIES v. KIMMELMAN

204 N.J. Super. 323 (1985)

498 A.2d 1266

THE NEW JERSEY STATE LEAGUE OF MUNICIPALITIES, ET AL., PLAINTIFFS-RESPONDENTS, v. IRWIN I. KIMMELMAN, ATTORNEY GENERAL OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 2, 1985.

Attorney(s) appearing for the Case

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

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

Before Judges ANTELL, SHEBELL and MATTHEWS.

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

This is an appeal from the July 12, 1984 judgment of the Law Division declaring that L. 1982, c. 220 as amended by L. 1983, c. 155 (N.J.S.A. 54:4-23a) violates Article VIII of the New Jersey Constitution of 1947. The statute under question generally requires that certain forms of unoccupied, newly constructed, residential structures not be subject to taxation for a...

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