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BROWNING-FERRIS v. DEPT. OF TREASURY

236 N.J. Super. 521 (1989)

566 A.2d 542

BROWNING-FERRIS INDUSTRIES OF SOUTH JERSEY, INC., PLAINTIFF-APPELLANT, v. STATE OF NEW JERSEY, DEPARTMENT OF THE TREASURY, DIVISION OF TAXATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 6, 1989.

Attorney(s) appearing for the Case

Gerald C. Neary argued the cause for appellant (Pitney, Harden, Kipp & Szuch, attorneys for appellant; Gerald C. Neary and Karen Palma Hull, on the brief; Gerald C. Neary and Cynthia E. Mulligan, on the reply brief).

Aida L. Cabello, Deputy Attorney General, argued the cause for respondent (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney for respondent; Michael R. Clancy, Deputy Attorney General, of counsel; Aida L. Cabello, on the brief.)

Before Judges KING, SHEBELL and BAIME.

PER CURIAM.

The judgment of the Tax Court is affirmed substantially for the reasons stated by Judge Lario in his opinion at 10 N.J.Tax 96 (Tax Ct. 1988). The record before us discloses that Browning-Ferris Industries did not establish that the work performed on the closure and for which an exemption was sought was for services for the "exclusive" benefit of an exempt organization. N.J.S.A. 54:32B-8.22. The landfill was...

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