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INMAR ASSOCIATES, INC. v. BOROUGH OF CARLSTADT

214 N.J. Super. 256 (1986)

518 A.2d 1110

INMAR ASSOCIATES, INC., PLAINTIFF-APPELLANT, v. BOROUGH OF CARLSTADT, DEFENDANT-RESPONDENT. GAF CORPORATION, PLAINTIFF-APPELLANT, v. BOROUGH OF SOUTH BOUND BROOK, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 10, 1986.

Attorney(s) appearing for the Case

Edward J. Egan, attorney for appellant Inmar Associates, Inc. (Edward J. Egan and William J. Gianos, on the brief).

Langan and Lynch, attorneys for respondent Borough of Carlstadt (John J. Langan, Jr., on the letter brief).

Steven R. Irwin argued the cause for appellant GAF Corporation (Mandelbaum & Mandelbaum, attorneys; Daniel D. Cronheim of counsel; Steven R. Irwin on the brief).

Richard D. Millet argued the cause for respondent Borough of South Bound Brook (Hampson & Millet, attorneys; Richard D. Millet of counsel and on the brief).

Before Judges J.H. COLEMAN, R.S. COHEN and GRUCCIO.

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

These cases present the troublesome question previously undecided in this State, whether commercial landowners are entitled to have the assessed value for municipal realty taxes reduced by the cost of cleaning up hazardous waste and materials to make the property environmentally safe. The judge in each case assumed, without deciding, that the assessed valuation may be reduced by the cleanup cost. In both...

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