THROCKMORTON v. EGG HARBOR TP.


267 N.J. Super. 14 (1993)

630 A.2d 794

WILLIAM S. THROCKMORTON, PLAINTIFF-APPELLANT, v. TOWNSHIP OF EGG HARBOR, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided August 4, 1993.


Attorney(s) appearing for the Case

Alan R. Hammer argued the cause for appellant (Brach, Eichler, Rosenberg, Silver, Bernstein, Hammer & Gladstone, attorneys; Mr. Hammer, of counsel; David L. Wecht and Michael I. Schneck, on the brief).

Benjamin Zeltner argued the cause for respondent (Levine, Staller, Sklar, Chan & Brodsky, attorneys; Mr. Zeltner, of counsel and on the brief).

Before Judges ANTELL, DREIER and VILLANUEVA.


The opinion of the court was delivered by VILLANUEVA, J.S.C. (temporarily assigned).

Plaintiff appeals from the Tax Court's award of counsel fees and costs of $5,245 to defendant Township pursuant to N.J.S.A. 2A:15-59.1, the frivolous-claims statute, after plaintiff withdrew his complaint challenging the Township's assessment of his property. We reverse.

This case presents two issues: (1) whether N.J.S.A. 2A:15-59.1 (the "Act") applies to the...

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