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VAN WINGERDEN v. LAFAYETTE TP.

303 N.J. Super. 614 (1997)

LEONARD VAN WINGERDEN, PLAINTIFF-APPELLANT, AND ATTORNEY GENERAL OF NEW JERSEY, INTERVENOR-APPELLANT, v. LAFAYETTE TOWNSHIP, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 22, 1997.

Attorney(s) appearing for the Case

John T. Lynch, attorney for appellant.

Peter Verniero, Attorney General, attorney for intervenor-appellant (Joseph L. Yannotti, Assistant Attorney General, and Gregory Romano, Deputy Attorney General, on the brief).

Laddey, Clark, Nicholson & Ryan, attorneys for respondent (Richard I. Clark, on the brief).

McTighe & McTighe, attorneys for amicus curiae New Jersey Farm Bureau (Arthur A. McTighe, on the brief).

Before Judges PRESSLER, STERN and HUMPHREYS.

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

Plaintiff challenged in the Tax Court the township's 1993 and 1994 tax assessment of plaintiff's greenhouse. After a trial, the Tax Court judge upheld the assessment. The judge found in an opinion reported at 15 N.J.Tax 475 (Tax Ct. 1996), that: (1) plaintiff's greenhouse was real, not personal property; (2) a statute, N.J.S.A. 54:4-23.12, rendered the greenhouse...

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