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1717 REALTY ASSOCIATES v. FAIR LAWN

A-26 September Term 2009.

990 A.2d 636 (2010)

201 N.J. 275

1717 REALTY ASSOCIATES, LLC, Plaintiff-Petitioner, v. BOROUGH OF FAIR LAWN, Defendant-Respondent.

Supreme Court of New Jersey.

Decided March 17, 2010.

Attorney(s) appearing for the Case

Steven R. Irwin, West Orange, argued the cause for appellants (The Irwin Law Firm, attorneys).

Richard A. Lustgarten, West Orange, argued the cause for respondent (Goodman & Lustgarten, attorneys).

Julian F. Gorelli, Senior Deputy Attorney General, argued the cause for Attorney General of New Jersey (Paula T. Dow, Attorney General, attorney; Melissa H. Raksa, Assistant Attorney General, of counsel).

PER CURIAM.

In this appeal, we address a constitutional challenge to the statutorily mandated dismissal sanction of a tax appeal when a taxpayer has failed to respond to a municipal assessor's request for income information from the taxpayer pursuant to N.J.S.A. 54:4-34, or what is commonly referred to as a "Chapter 91 request."1 According to plaintiff 1717 Realty Associates, LLC, the imposition of the tax appeal dismissal sanction...

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