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UNIVERSAL FOLDING BOX v. HOBOKEN

828 A.2d 925 (2003)

362 N.J. Super. 429

UNIVERSAL FOLDING BOX CO., INC., Plaintiff-Appellant, v. HOBOKEN CITY, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 25, 2003.

Attorney(s) appearing for the Case

Steven R. Irwin, West Orange, argued the cause for appellant (Mandelbaum & Mandelbaum, attorneys; Mr. Irwin, on the brief).

Vincent J. LaPaglia, Union City, argued the cause for defendant.

Julian F. Gorelli, Deputy Attorney General, argued the cause for amicus curiae (Peter C. Harvey, Acting Attorney General, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel; Mr. Gorelli, on the brief).

Before Judges KING, WEFING and FUENTES.

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

In this appeal, plaintiff challenges the constitutionality of N.J.S.A. 54:3-27.2, as interpreted by the Tax Court, requiring exhaustion of the municipality's right to appeal prior to compelling the issuance of a property tax refund. We reject plaintiff's challenge and affirm the decision of the Tax Court in Universal Folding Box Co., Inc. v. Hoboken City, 20 N.J.Tax 1

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