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SOUTHGATE REALTY ASSOCIATES v. BORDENTOWN TP.

246 N.J. Super. 149 (1991)

586 A.2d 1338

SOUTHGATE REALTY ASSOCIATES, PLAINTIFF-RESPONDENT, v. BORDENTOWN TOWNSHIP, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 20, 1991.

Attorney(s) appearing for the Case

David D. Gladfelter argued the cause for appellant (Kessler, Tutek & Gladfelter, attorneys; David D. Gladfelter on the letter briefs).

Steven R. Irwin argued the cause for respondent (Mandelbaum & Mandelbaum, attorneys; Steven R. Irwin on the brief).

Before Judges GAULKIN, SHEBELL and HAVEY.

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

Defendant Bordentown Township appeals from a "judgment of affirmance" entered by the Tax Court in response to Bordentown's motion to dismiss plaintiff Southgate Realty Associates' tax appeal. The motion had been made pursuant to N.J.S.A. 54:4-34, commonly referred to as "Chapter 91" (L. 1979, c. 91, § 1), which provides that "[n]o appeal shall be heard" from the

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