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BALLANTYNE HOUSE ASSOC. v. NEWARK

269 N.J. Super. 322 (1993)

635 A.2d 551

BALLANTYNE HOUSE ASSOCIATES, A LIMITED DIVIDEND LIMITED PARTNERSHIP; FOREST HILL HOUSE ASSOCIATES, A LIMITED DIVIDEND LIMITED PARTNERSHIP; ROBERTO CLEMENTE-SHALOM TOWERS, INC., A NON-PROFIT HOUSING CORPORATION OF NEW JERSEY; 440 ELIZABETH AVENUE CORPORATION, A LIMITED DIVIDEND HOUSING CORPORATION OF NEW JERSEY; ZION TOWERS, INC., A LIMITED DIVIDEND HOUSING CORPORATION, PLAINTIFFS-RESPONDENTS, v. CITY OF NEWARK, NEW JERSEY, A MUNICIPAL CORPORATION, DEFENDANT-APPELLANT. CLINTON HILL COMMUNITY GARDEN APARTMENTS, PLAINTIFF-RESPONDENT, v. CITY OF NEWARK, A MUNICIPAL CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 27, 1993.

Attorney(s) appearing for the Case

Kathleen C. Goger, Assistant Corporation Counsel, argued the cause for appellant (Michelle Hollar-Gregory, Corporation Counsel, attorney; Ms. Goger, on the brief).

John J. Petriello argued the cause for respondents (Levy, Ehrlich & Kronenberg, attorneys; Mr. Petriello, on the brief).

Before Judges SKILLMAN, KESTIN and WEFING.

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

Plaintiffs are limited dividend housing corporations and associations which entered into tax abatement agreements with Newark relieving them of the obligation to pay property taxes but requiring them to pay "an annual service charge for municipal services." When these agreements were executed, Newark was required by municipal ordinance to provide garbage collection...

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