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CORBACHO v. MAYOR & COUNCIL OF NEWARK

16 N.J. Tax 240 (1997)

CARLOS AND VIRGINIA CORBACHO, MARIA AURORA CORBACHO, JOACHIM AND MARIA REBELO, ANTONIO M. AND MARIA R. FERREIRA, FELICIANO M. AND MARIA F. PEREIRA, FELICIANO H. PEREIRA, FATIMA A. PEREIRA, JOAO AND LUCIA BATISTA, JOHN PAUL SAN MARTIN AND AIDA NASCIMENTO, LUCINEA FAGUNDES, JOAO AMARAO, JOSE COSTEIRO, ANTONIO M. SILVA, BEATRIZ SILVA, ISIDRA LETRA, DALILA CORDEIRO, MANUEL RIBIERO, PAULO S. TAVARES, ARNALDO AND MARIA SANTOS, JAOA AND ANEIDA SEQUEIRA, PLAINTIFFS-RESPONDENTS, v. MAYOR AND COUNCIL OF THE CITY OF NEWARK, M.C. ALEXANDER, INDIVIDUALLY AND AS MANAGER, DIVISION OF TAX ABATEMENT AND SPECIAL TAXES, JOSEPH FRISINA, INDIVIDUALLY AND AS ASSESSOR, CITY OF NEWARK, ALVIN ZACH, DEPARTMENT OF ENGINEERING, JOSEPH GARRITY, BUILDING INSPECTOR, DONALD TUCKER, INDIVIDUALLY AND AS CHAIRMAN, NEWARK CITY COUNCIL TAX ABATEMENT COMMITTEE, GARY HARRIS, INDIVIDUALLY AND COUNCILMAN AND MEMBER OF TAX ABATEMENT COMMITTEE, GEORGE BRANCH, INDIVIDUALLY AND AS COUNCILMAN AND MEMBER OF TAX ABATEMENT COMMITTEE AND MICHELLE HOLLAR-GREGORY, INDIVIDUALLY AND AS CORPORATION COUNSEL, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division

Decided January 7, 1997

Attorney(s) appearing for the Case

Demetrice R. Miles, Assistant Corporation Counsel, argued the cause for appellants (Michelle Hollar-Gregory, Corporation Counsel, attorney; Mr. Miles, on the brief).

Louis P. Kaufman argued the cause for respondents (Flynn, Kaufman & Russo, attorneys; Mr. Kaufman, on the brief).

Before Judges SKILLMAN, A.A. RODRIGUEZ and CUFF.

PER CURIAM.

The Legislature enacted a tax abatement statute, N.J.S.A. 54:4-3.139 to -3.149, in order to stimulate the construction of private businesses and homes in areas designated as "Urban Enterprise Zones." See N.J.S.A. 54:4-3.139(a)-(m). This legislation authorizes the governing body of a city containing an Urban Enterprise Zone to grant tax abatements with respect to new construction. N.J.S.A.<...

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