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TOWNSHIP OF MIDDLETOWN v. SIMON

903 A.2d 418 (2006)

387 N.J. Super. 65

TOWNSHIP OF MIDDLETOWN, Plaintiff-Appellant, and Peter Lynch and Clifford Raisch, Plaintiffs/Intervenors-Respondents, v. Richard SIMON, Trustee, Jeffrey Jerman, and Lamberto Builders, L.L.C. Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 31, 2006.

Attorney(s) appearing for the Case

Bernard M. Reilly, Red Bank, argued the cause for appellant Township of Middletown (Dowd & Reilly, attorneys; Mr. Reilly, on the brief).

Paul H. Schafhauser, Newark, argued the cause for respondent Richard Simon, Trustee (Herrick, Feinstein, attorneys; Mr. Schafhauser, on the brief).

Keith A. Bonchi, Atlantic City, argued the cause for respondent Jeffrey Jerman (Goldenberg, Mackler, Sayegh, Mintz, Pfeffer, Bonchi & Gill, attorneys; Mr. Bonchi, on the brief).

Convery & Convery, attorneys for respondents Peter Lynch and Clifford Raisch relies on the brief of appellant Township of Middletown.

Martin A. McGann, Jr., Red Bank, attorney for respondent Lamberto Builders, L.L.C., relies on brief of respondents Richard Simon, Trustee and Jeffrey Jerman.

Before Judges SKILLMAN, AXELRAD and PAYNE.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

This appeal requires us to consider the effect of issuance of a tax sale certificate and entry of a tax foreclosure judgment upon a dedication of the foreclosed property for public use.

In 1929, the Middletown Township governing body approved an application by Elmer and Nellie Alexander to subdivide a tract of vacant land into fifty-seven lots for residential development. Fifty-six lots were...

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