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TOWNSHIP OF DOVER v. SCUORZO

921 A.2d 450 (2007)

392 N.J. Super. 466

TOWNSHIP OF DOVER, Plaintiff-Appellant, v. Frank and Sharon SCUORZO, Defendants-Respondents. Director, Division of Taxation, Plaintiff-Appellant, v. Lambertville City, Defendant, and Winfield & Patricia Buchanan, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 27, 2007.

Attorney(s) appearing for the Case

Charles E. Starkey, argued the cause for appellant Township of Dover in A-2843-05T5 (Starkey, Kelly, Bauer, Kenneally & Cunningham, attorneys; Scott W. Kenneally, Brick, on the brief).

Michael J. Duffy, Deputy Attorney General, argued the cause for the Director, Division of Taxation, appellant in A-3036-05T2 and amicus curiae in A-2843-05T5 (Stuart Rabner, Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel; Michael J. Spina, Deputy Attorney General, on the brief).

John J. Mensching, Toms River, argued the cause for respondents Frank and Sharon Scuorzo in A-2843-05T5 (Orlovsky, Grasso, Bolger, Mensching, Halpin & Daley, attorneys; Mr. Mensching, on the brief).

Respondents Winfield and Patricia Buchanan did not file a brief.

Before Judges SKILLMAN, LISA and HOLSTON, JR.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The New Jersey Constitution and implementing statutes grant a deduction from real estate taxation to veterans who were in "active service in time of war" and an exemption from real estate taxation to veterans who suffered a total and permanent disability as a result of such service. Since these provisions were first adopted, the Director of the Division of Taxation has construed the term "active...

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