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CHEYENNE CORP. v. TOWNSHIP OF BYRAM

248 N.J. Super. 588 (1991)

591 A.2d 991

CHEYENNE CORPORATION, PLAINTIFF-RESPONDENT, v. TOWNSHIP OF BYRAM, DEFENDANT-APPELLANT. WESTERN WORLD, INC., PLAINTIFF-RESPONDENT, v. TOWNSHIP OF BYRAM, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 6, 1991.

Attorney(s) appearing for the Case

Kevin D. Kelly argued the cause for appellant (Kelly, Gaus & Holub, attorneys; Kevin D. Kelly and Pamela Lee Matarrese on the brief).

Richard M. Conley argued the cause for respondents (Conley & Haushalter, attorneys; Richard M. Conley on the brief).

Before Judges BAIME and A.M. STEIN.

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

The Farmland Assessment Act of 1964 (N.J.S.A. 54:4-23.1 to -23.23) provides preferential tax treatment to land devoted to agricultural or horticultural use. N.J.S.A. 54:4-23.2. In order to qualify, the owner must establish that (1) the property consists of at least five acres, and (2) he derives a minimum average income of $500 for the first five acres and $.50 for each additional acre during the...

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