ADVANCE HOUSING v. TP. OF TEANECK

No. A-0728-09T3.

28 A.3d 841 (2011)

422 N.J. Super. 317

ADVANCE HOUSING, INC. and Advance Housing 2000, Plaintiffs-Appellants, v. TOWNSHIP OF TEANECK, Borough of Bergenfield, Borough of Little Ferry, Borough of Ramsey, Borough of Ridgefield Park, Borough of Lodi, Borough of Fairview, Borough of Leonia, City of Hackensack, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided October 4, 2011.


Attorney(s) appearing for the Case

Joel M. Ellis argued the cause for appellants (Kates Nussman Rapone Ellis & Farhi, LLP, attorneys; Mr. Ellis, Michael B. Kates, Hackensack, and Joshua K. Givner, Pleasantville, on the brief).

William F. Rupp , Hackensack, argued the cause for respondent Township of Teaneck (Ferrara, Turitz, Harraka & Goldberg, P.C., attorneys; Mr. Rupp, on the brief).

Harry D. Norton, Jr. , argued the cause for respondent Borough of Ramsey (Norton, Sheehy, Higgins & Rosa, P.C., attorneys; Mr. Norton, of counsel; Neil A. Tortora, West Paterson, on the brief).

William R. Betesh , Ridgefield Park, argued the cause for respondent Village of Ridgefield Park (Durkin & Boggia, attorneys; Mr. Betesh, on the brief).

Durkin & Boggia, Ridgefield Park, attorneys for respondent Borough of Bergenfield, join in the brief of respondents Village of Ridgefield Park, Borough of Ramsey and Township of Teaneck.

Dennis A. Maycher argued the cause for respondent Borough of Fairview (Law Offices of Dennis A. Maycher, attorneys; Mr. Maycher and Jason L. Bittiger, Garfield, on the brief).

Joseph G. Monaghan , Hackensack, argued the cause for respondent Borough of Little Ferry (Mr. Monaghan joins in the brief of the Borough of Ramsey).

Donald J. Lenner argued the cause for respondent City of Hackensack (Mr. Lenner joins in the brief of the Borough of Ramsey).

Scott G. Sproviero , attorney for respondent Borough of Lodi, joins in the brief of all respondents.

Kenneth H. Zimmerman , Roseland, argued the cause for amici curiae The Judge David L. Bazelon Center and the Office of the Public Defender (Lowenstein Sandler PC and Yvonne Smith Segars, Public Defender, attorneys; Mr. Zimmerman, Brian A. Silikovitz, Thomas S. Dolan, Isaac R. Hirsch, and Rebecca H. Estelle, Assistant Deputy Public Defender, on the brief).

Amicus Curiae National Council for Community joins in the brief of The Judge David L. Bazelon Center and the Public Defender.

Before Judges CARCHMAN, MESSANO, and WAUGH.


The opinion of the court was delivered by WAUGH, J.A.D.

Plaintiffs Advance Housing, Inc. (Advance Housing), and its subsidiary Advance Housing 2000, Inc. (Advance 2000), appeal the September 2, 2009 judgment of the Tax Court denying them real property tax exemptions under N.J.S.A. 54:4-3.6 for tax years 2002 through 2004 for properties they own in nine municipalities in Bergen County. We reverse.

I.

We discern the following facts and procedural...

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