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TOWN OF MORRISTOWN v. WOMAN'S CLUB

242 N.J. Super. 654 (1990)

577 A.2d 1309

TOWN OF MORRISTOWN, PLAINTIFF-RESPONDENT, v. WOMAN'S CLUB OF MORRISTOWN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 18, 1990.

Attorney(s) appearing for the Case

Clifford W. Starrett argued the cause for appellant (Schenck, Price, Smith & King, attorneys, Clifford W. Starrett of counsel; Sheilah O'Halloran on the brief).

Harry Haushalter, Deputy Attorney General, argued the cause for intervenor, Attorney General of New Jersey (Robert J. Del Tufo, Attorney General, attorney; Mary C. Jacobson, Deputy Attorney General, of counsel; Harry Haushalter on the brief).

Thomas Olson argued the cause for respondent (McKirdy and Riskin, attorneys; Thomas Olson and Brian M. Hak on the brief).

Before Judges O'BRIEN, HAVEY and STERN.

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

This appeal involves the construction and constitutionality of N.J.S.A. 54:4-3.52 which provides:

Any building and its pertinent contents and the land whereon it is erected and which may be necessary for the fair enjoyment thereof owned by a nonprofit corporation and which has been certified to be an historic site to the Director of the Division of Taxation by the Commissioner of Conservation...

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