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VILLAGE OF RIDGEWOOD v. BOLGER FOUNDATION

104 N.J. 337 (1986)

517 A.2d 135

VILLAGE OF RIDGEWOOD, PLAINTIFF-RESPONDENT, v. THE BOLGER FOUNDATION, DEFENDANT-APPELLANT, AND ATTORNEY GENERAL, INTERVENOR-APPELLANT. BOROUGH OF MIDLAND PARK, PLAINTIFF-RESPONDENT, v. THE BOLGER FOUNDATION, DEFENDANT-APPELLANT, AND ATTORNEY GENERAL, INTERVENOR-APPELLANT.

The Supreme Court of New Jersey.

Decided November 18, 1986.

Attorney(s) appearing for the Case

Glenn S. Pantel argued the cause for appellant (Shanley & Fisher, attorneys; Molly B. Cannon, on the brief).

Harry Z. Haushalter, Deputy Attorney General, argued the cause for intervenor-appellant (W. Cary Edwards, Attorney General of New Jersey, attorney).

Sydney V. Stoldt, Jr., argued the cause for respondent Village of Ridgewood (Stoldt, Horan & Cino, attorneys; Cathy J. Pollak, on the brief).

Richard J. Allen, Jr., argued the cause for respondent Borough of Midland Park (Jeffer, Hartman, Hopkinson, Vogel, Coomber & Peiffer, attorneys).

Douglas S. Brierley argued the cause for amicus curiae New Jersey Conservation Foundation (Schenck, Price, Smith & King, attorneys).

The opinion of the court was delivered by, ANTELL, P.J.A.D. (temporarily assigned).

The question presented on this appeal is whether a taxpayer may reduce, for real estate tax assessment purposes, the value of property because of a conservation easement thereon that it granted in perpetuity to a conservation foundation. In an opinion published at 6 N.J.Tax 391 (1984), the Tax Court held that the reduction was not allowable. With...

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