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NEW PLAN REALTY TRUST v. BRICK TP.

Nos. 003320-2005, 003022-2005.

23 N.J. Tax 225 (2006)

NEW PLAN REALTY TRUST, PLAINTIFF, v. BRICK TOWNSHIP, DEFENDANT. F. LACKLAND & SONS, LLC, PLAINTIFF, v. BRICK TOWNSHIP, DEFENDANT.

Tax Court of New Jersey.

August 22, 2006.

Attorney(s) appearing for the Case

Bruce J. Stavitsky for plaintiff New Plan Realty Trust (Bruce J. Stavitsky, attorney).

Paul I. Tannenbaum for plaintiff F. Lackland & Sons, LLC (Zipp & Tannenbaum, attorneys).

Diana L. Anderson for defendants (Carluccio, Leone, Dimon, Doyle & Sacks, attorneys).

SMALL, P.J.T.C.

The defendant, Brick Township, has moved in both cases to dismiss plaintiffs' complaints for failure to comply with N.J.S.A. 54:4-34, as amended by L. 1979, c. 91 ("Chapter 91"), which requires taxpayers to respond to an assessor's request for income and expense information within 45 days or have its tax appeal dismissed or severely restricted. See Ocean Pines, Ltd. v. Pt. Pleasant, 112 N.J. 1

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