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JC TRAPPER, L.L.C. v. CITY OF JERSEY CITY

20 N.J. Tax 239 (2002)

JC TRAPPER, L.L.C., PLAINTIFF-APPELLANT, v. CITY OF JERSEY CITY, DEFENDANT-RESPONDENT, AND 21ST CENTURY RAIL CORPORATION AND NEW JERSEY TRANSIT, DEFENDANTS.

Superior Court of New Jersey Appellate Division.

Decided November 13, 2002.

Attorney(s) appearing for the Case

Thomas A. Buonocore, argued the cause for appellant (Buonocore & Trevisan, attorneys; Mr. Buonocore and Rosemary Gencarelli, on the brief).

Michael Kremen, argued the cause for respondent City of Jersey City (Alexander W. Booth, Jr., attorney; Mr. Kremen of counsel and on the brief).

Before Judges PETRELLA, BRAITHWAITE and PARKER.

The opinion of the court was delivered by

BRAITHWAITE, J.A.D.

Plaintiff JC Trapper, L.L.C., filed suit to recover of Jersey City (the "City") on property owned by the City. The taxes paid covered the period from 1988 through part of 1999. Plaintiff's claim was made pursuant to N.J.S.A. 54:4-54, which provides in relevant part as follows:

Where one person has by mistake paid the tax on the property of another supposing it to be his own,<...

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