FRANKLIN TP. v. STATE, ENVIRONMENTAL PROTECTION DEPT.


7 N.J. Tax 657 (1985)

TOWNSHIP OF FRANKLIN, PLAINTIFF-APPELLANT, v. STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 8, 1985.


Attorney(s) appearing for the Case

McGimpsey & Cafferty, attorneys for appellant (Thomas J. Cafferty on the brief).

Irwin I. Kimmelman, Attorney General, attorney for respondent (James J. Ciancia, Assistant Attorney General, of counsel; Herbert K. Glickman, Deputy Attorney General, on the brief).

Before Judges PRESSLER, BRODY and COHEN.


PER CURIAM.

Plaintiff's complaint in the Tax Court sought recalculation of the annual payment required of the State by N.J.S.A. 58:21B-6 in lieu of taxes on lands acquired by the State for the proposed "Six-Mile Run Reservoir." The complaint was filed on February 14, 1984 and sought recalculation for all years since the State began acquiring properties in or about 1970.

The State moved for dismissal of the...

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