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NAVILLUS GROUP v. ACCUTHERM INC.

Nos. A-4754-08T1, A-0568-09T1.

27 A.3d 973 (2011)

422 N.J. Super. 169

NAVILLUS GROUP, General Partnership, and Jim Sullivan, Inc., Plaintiffs-Respondents, v. ACCUTHERM INCORPORATED and Philip J. Giuliano, Defendants, and State of New Jersey Department of Environmental Protection, Defendant-Appellant, and Township of Franklin, Defendant-Respondent. Navillus Group, General Partnership, and Jim Sullivan, Inc., Plaintiffs-Respondents, v. Accutherm Incorporated and Philip J. Giuliano, Defendants, and State of New Jersey Department of Environmental Protection, Defendant-Respondent, and Township of Franklin, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided August 11, 2011.

Attorney(s) appearing for the Case

Paula T. Dow , Attorney General, attorney for appellant (A-4754-08)/respondent (A-0568-09) State of New Jersey, Department of Environmental Protection ( Lewis A. Scheindlin and Melissa H. Raksa , Assistant Attorneys General, of counsel; Mark D. Oshinskie , Deputy Attorney General, on the brief).

Maley & Associates, attorneys for appellant (A-0568-09)/respondent (A-4754-08) Township of Franklin ( M. James Maley, Jr. , Emily K. Givens , and Erin E. Simone , on the brief).

Hyland Levin , attorneys for respondents Navillus Group, General Partnership, and Jim Sullivan, Inc. ( Richard M. Hluchan , of counsel and on the brief; Robert S. Baranowski, Jr. , on the brief).

Goldenberg, Mackler, Sayegh, Mintz, Pfeffer, Bonchi & Gill, attorneys for amicus curiae (A-0568-09) The Tax Collectors and Treasurers Association of New Jersey ( Keith A. Bonchi , Atlantic City, and Rosann Allen , on the brief).

Before Judges YANNOTTI, ESPINOSA and SKILLMAN.

The opinion of the court was delivered by

SKILLMAN, J.A.D. (retired and temporarily assigned on recall).

The issue presented by this appeal is whether the Industrial Site Recovery Act (ISRA), N.J.S.A. 13:1K-6 to -14,1 establishes an alternative ground upon which a party who has obtained a final judgment in a tax foreclosure action under the Tax Sale Law, N.J.S.A. 54:5-1 to...

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