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BRINKLEY v. WESTERN WORLD INC.

292 N.J. Super. 134 (1996)

678 A.2d 330

MARY ANN BRINKLEY, PLAINTIFF-APPELLANT, v. WESTERN WORLD INCORPORATED, A NEW JERSEY CORPORATION, BYRAM TOWNE ASSOCIATES, INC., A NEW JERSEY CORPORATION, AND BYRAM TOWNSHIP, A MUNICIPAL CORPORATION, DEFENDANTS-RESPONDENTS, AND ARTHUR PASCHOW, FIRST NATIONAL BANK OF CENTRAL JERSEY, THE MONEY STORE INVESTMENT CORPORATION, STATE OF NEW JERSEY, DEFENDANTS. MARY ANN BRINKLEY, PLAINTIFF-APPELLANT, v. CHEYENNE CORP., A NEW JERSEY CORPORATION, BYRAM TOWNE ASSOCIATES, INC., A NEW JERSEY CORPORATION, AND BYRAM TOWNSHIP, A MUNICIPAL CORPORATION, DEFENDANTS-RESPONDENTS, AND FIRST NATIONAL BANK OF CENTRAL JERSEY, THE MONEY STORE INVESTMENT CORPORATION, AND STATE OF NEW JERSEY, DEFENDANTS. MARY ANN BRINKLEY, PLAINTIFF-RESPONDENT, v. BYRAM TOWNSHIP, A MUNICIPAL CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 15, 1996.

Attorney(s) appearing for the Case

Michael Shapanka and Michael Pellegrino argued the cause for appellant and respondent Mary Ann Brinkley (Mr. Pellegrino, of counsel; Mr. Shapanka on the brief).

Richard M. Conley argued the cause for respondents Western World, Inc. and Cheyenne Corporation (Conley & Haushalter, attorneys; Mr. Conley on the brief).

Jay Hamill argued the cause for respondent Byram Towne Associates, Inc. (Keane, Brady & Burns, attorneys; Michael A. Cifelli on the brief).

Kevin D. Kelly argued the cause for respondent and appellant Byram Township (Kelly, Gaus & Holub, attorneys; Mr. Kelly on the brief).

Stickel, Koenig & Sullivan, attorneys for amici curiae New Jersey State League of Municipalities and New Jersey Institute of Municipal Attorneys (John C. Gillespie, of counsel and on the brief).

No other parties participated in this appeal.

Before Judges A.M. STEIN, KESTIN and CUFF.

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

In these consolidated appeals, plaintiff Mary Ann Brinkley argues that a taxpayer's successful prosecution of a tax appeal, which resulted in the entry of an order that no taxes were due on the underlying property, should not be cause to invalidate the tax sale certificates acquired by her. Alternatively, plaintiff argues that her money should be repaid by the defendant Byram Township at the 18% interest rate...

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