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SOCIETY OF HOLY CHILD v. SUMMIT

No. A-1126-09T3

13 A.3d 886 (2011)

418 N.J. Super. 365

SOCIETY OF the HOLY CHILD JESUS d/b/a Oak Knoll School, Plaintiff-Appellant, v. CITY OF SUMMIT, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided February 17, 2011.

Attorney(s) appearing for the Case

Christopher John Stracco argued the cause for appellant (Day Pitney, LLP, attorneys; Mr. Stracco and Jennifer Gorga Capone , Florham Park, on the brief).

Garry J. Roettger argued the cause for respondent (Skoloff & Wolfe, P.C., attorneys; Saul A. Wolfe , of counsel; Mr. Roettger , Livingston, on the brief).

Before Judges CARCHMAN, GRAVES and MESSANO.

The opinion of the court was delivered by

MESSANO, J.A.D.

Plaintiff, Society of the Holy Child Jesus, appeals from a final order of the Tax Court affirming the revocation of a long-standing tax exemption on property plaintiff owned in the City of Summit (Summit). In a published opinion, the trial judge denied plaintiff's summary judgment motion, determining that "the use of the property in violation of the zoning ordinance... result[ed] in a denial of its...

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