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BOROUGH OF FRANKLIN LAKES v. MUTZBERG

226 N.J. Super. 46 (1988)

543 A.2d 477

BOROUGH OF FRANKLIN LAKES, AN INCORPORATED MUNICIPALITY OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. OTTO K. MUTZBERG, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 24, 1988.

Attorney(s) appearing for the Case

William T. Smith argued the cause for appellant (Hook, Torack & Smith, attorneys; William T. Smith on the brief and supplemental letter brief).

Anthony D. Andora argued the cause for respondent (Andora, Palmisano, Harris & Romano, attorneys; Anthony D. Andora of counsel; Joseph M. Andresini on the brief; Anthony D. Andora on the supplemental letter brief).

Before Judges PETRELLA and DREIER.

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

The Borough of Franklin Lakes appeals from a dismissal of its complaint against defendant Otto K. Mutzberg, its former tax assessor.

Mutzberg was tax assessor for Franklin Lakes from 1967 until 1986. During this period he resided on property he owned in Franklin Lakes. In addition to the property he owned in Franklin Lakes, during 1976-1986 Mutzberg also partly owned property at 729 Colonial Road...

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