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DAVANNE REALTY v. EDISON TP.

25 N.J. Tax 203 (2009)

DAVANNE REALTY, Plaintiff-Appellant, v. EDISON TOWNSHIP, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 15, 2009.

Attorney(s) appearing for the Case

Steven R. Irwin, argued the cause for appellant (The Irwin Law Firm, P.A., attorneys; Amber N. Heinze, of counsel; Mr. Irwin and Kevin S. Englert, on the brief).

Martin Allen, argued the cause for respondent Edison Township (DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, P.C., attorneys; Mr. Allen, of counsel; C. Justin McCarthy, on the brief).

Julian F. Gorelli, Senior Deputy Attorney General, argued the cause for respondent State of New Jersey (Anne Milgram, Attorney General, attorney; Lewis A. Scheindlin, Assistant Attorney General, of counsel; Mr. Gorelli, on the brief).

Before Judges SKILLMAN, GRAVES and GRALL.

The opinion of the court was delivered by

GRALL, J.A.D.

Plaintiff Davanne Realty owns a commercial warehouse in Edison Township which it rents to a tenant. In conformity with Chapter 91 of the Laws of 1979, N.J.S.A. 54:4-34, the Tax Court dismissed Davanne's challenge to the assessed value of that property. Davanne appeals from that order and contends that its tax bill is a fine, forfeiture or penalty imposed in violation of the Excessive Fines Clause...

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