John VARSOLONA, Ruth J. Fails, Garrett E. Reed, Jr., and Gwendolyn C. Reed, suing individually and on behalf of all others similarly situated, Plaintiffs-Respondents,
v.
BREEN CAPITAL SERVICES CORP., Bankers Trust Company, and GTL Investments L.P., Defendants-Appellants,
and
FBTLC Trust II, Defendant.
Louise Garretson, suing individually and on behalf of all other similarly situated Plaintiffs, Plaintiff-Respondent,
v.
CSFBTLC Trust II, Bankers Trust Company and Breen Capital Services Corp., Defendants-Appellants.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued May 6, 2003.
Decided May 21, 2003.
Attorney(s) appearing for the Case
Kevin McNulty argued the cause for appellant Bankers Trust Company (Gibbons, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Mr. McNulty, on the brief, Newark; Frederick A. Brodie and F. Joseph Owens, Jr. (Pillsbury Winthrop) of the New York bar, admitted pro hac vice, on the brief, New York City).
Stacy L. Moore, Jr., argued the cause for appellants Breen Capital Services Corporation and GTL Investments (Parker, McCay & Criscuolo, attorneys; Mr. Moore, on the brief, Marlton; Carl D. Poplar (Poplar & Eastlack), Turnersville, Paul E. Summit and Andrew T. Solomon, Dix Hills, NY (Sullivan & Worcester) of the New York bar, admitted pro hac vice, New York City, of counsel).
Gary F. Eisenberg, New Brunswick, argued the cause for appellant CSFBTLC Trust II (Windels, Marx, Lane & Mittendorf, attorneys; Mr. Eisenberg, on the brief).
Peter S. Pearlman, argued the cause for respondents (Cohn, Lifland, Pearlman, Herrmann & Knopf, attorneys; Mr. Pearlman, Jeffrey W. Herrmann, Saddle Brook, Russell S. Burnside, Newark and Lawrence S. Klitzman, of counsel; Mr. Herrmann, Mr. Brunside, Mr. Klitzman and Jessica V. Henry, Morristown, on the brief).
Cooper, Perskie, April, Niedelman, Wagenheim & Levenson, Atlantic City, and Donald R. Dinan (Hall, Estill, Hardwick, Gable, Golden & Nelson) of the Washington, D.C. bar, admitted pro hac vice, attorneys for amicus curiae The National Tax Lien Association (Michael Gross and Mr. Dinan, on the brief).
Gilmore & Monahan, Toms River, for amicus curiae The Tax Collectors and Treasurers Association of New Jersey (Michael J. Gilmore, on the brief).
Before Judges COBURN, COLLESTER and ALLEY.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by COBURN, J.A.D.
I—BACKGROUND
The privatization of real estate tax collection, sometimes called "tax farming," is an ancient practice, apparently first engaged in by the Ptolemaic Egyptians, and then by the ancient Greeks, the Roman Empire, and Italy and England beginning in the Middle Ages. Frank S. Alexander, Tax Liens, Tax Sales, and Due Process, 75 Ind. L.J. 747, 758-60 (Summer 2000). It is...
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