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HOSPATCONG FUEL v. HOPATCONG BOROUGH

No. 010748-2009

25 N.J. Tax 389 (2010)

HOPATCONG FUEL ON YOU, LLC, Plaintiff, v. HOPATCONG BOROUGH, Defendant.

Tax Court of New Jersey.

February 23, 2010.

Attorney(s) appearing for the Case

William S. Winters for plaintiff (William S. Winters, attorney).

Lawrence P. Cohen for defendant (Courter, Kobert & Cohen, attorney; Ms. Robin J. Willner, on the brief).

BIANCO, J.T.C.

This opinion shall serve as the court's determination of the motion filed by defendant, Hopatcong Borough (hereinafter "Hopatcong") to dismiss the complaint of plaintiff, Hopatcong Fuel On You (hereinafter "HFOY"), for failure to comply with the provisions of N.J.S.A. 54:3-21 and R. 8:4-1(a)(4), claiming that HFOY failed to timely serve the Tax Assessor and Municipal Clerk with a copy of the complaint by the April 1 filing deadline.

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