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LOWE'S HOME v. CITY OF MILLVILLE

Nos. 010784-2007, 007236-2008.

25 N.J. Tax 591 (2010)

LOWE'S HOME CENTERS, INC., Plaintiff, v. CITY OF MILLVILLE, Defendant.

Tax Court of New Jersey.

November 29, 2010.

Attorney(s) appearing for the Case

Bruce J. Stavitsky for plaintiff (Stavitsky & Associates, LLC, attorneys; Laura M. Jacque , on the briefs).

Richard C. McCarthy , Millville City Attorney, for defendant.

DeALMEIDA, P.J.T.C.

In this case the court rejects an attempt by the City of Millville to rescind a five-year tax exemption and abatement awarded by its tax assessor and ratified by its governing body for property in an area in need of rehabilitation and on which plaintiff constructed a retail store pursuant to a development agreement with the city. The city claims that its tax assessor should not have granted the exemption and abatement, and its governing body should...

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