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NYT CABLE TV v. BOROUGH OF AUDUBON

230 N.J. Super. 530 (1989)

553 A.2d 1368

NYT CABLE TV, A DIVISION OF THE NEW YORK TIMES COMPANY, PLAINTIFF-APPELLANT, v. THE BOROUGH OF AUDUBON, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 6, 1989.

Attorney(s) appearing for the Case

Kevin J. Coakley argued the cause for appellants (Connell, Foley & Geiser, attorneys; Kevin J. Coakley of counsel; Kevin J. Coakley and Marie T. Quinn on the brief).

Nicholas F. Trabosh argued the cause for respondents (Nicholas F. Trabosh, attorney and on the brief).

Before Judges BAIME and D'ANNUNZIO.

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

Plaintiff NYT Cable TV, a division of the New York Times Company (NYT), appeals from a judgment of the Tax Court. The sole question presented is whether NYT's 250 foot high cable antenna tower, anchored to a sophisticated three-tier, six component, underground concrete foundation, should be taxed as "[p]ersonal property used in business" under N.J.S.A....

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