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KAHN PENSION PLAN v. MOORESTOWN TP.

243 N.J. Super. 328 (1990)

579 A.2d 366

BARRY L. KAHN DEFINED BENEFIT PENSION PLAN, PLAINTIFF, v. THE TOWNSHIP OF MOORESTOWN, A MUNICIPAL CORPORATION, DEFENDANT.

Superior Court of New Jersey, Chancery Division Burlington County.

Decided January 30, 1990.

Attorney(s) appearing for the Case

John H. Adler for plaintiff (Gerstein, Cohen & Spevak, P.A., attorney).

William M. Baumgartner, Jr. for defendant (Zink, Brown, Baumgartner & Cutts, attorney).

HAINES, A.J.S.C.

Plaintiff Barry L. Kahn Defined Benefit Pension Plan ("Plan") purchased a Tax Sale Certificate covering an industrial property in the Township of Moorestown on October 25, 1984 for $35,242.32. The Plan paid later taxes assessed against the property covered by the certificate in the total amount of $38,753.39. It has sued to rescind the transaction and for other relief. Moorestown's motion for summary...

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