WINBERRY REALTY v. RUTHERFORD

A-22/53 September Term 2019 083156.

253 A.3d 636 (2021)

247 N.J. 165

WINBERRY REALTY PARTNERSHIP, John Winberry, Mary Lourdes Winberry, Celeste Winberry, and Gregory Winberry, Plaintiffs-Appellants/Cross-Respondents, v. BOROUGH OF RUTHERFORD, and Caryn Miller, in her official and individual capacities, Defendants-Respondents/Cross-Appellants, and Stephen Krisch, in his individual capacity, Defendant.

Supreme Court of New Jersey.

Decided June 28, 2021.


Attorney(s) appearing for the Case

Lawrence S. Lustberg argued the cause for appellants/cross-respondents (Gibbons and Lite DePalma Greenberg, attorneys; Lawrence S. Lustberg , Sylvia-Rebecca Gutiérrez , and Bruce D. Greenberg , Newark, on the briefs).

Kathy A. Kennedy argued the cause for respondents/cross-appellants (Hanrahan Pack, attorneys; Thomas B. Hanrahan , of counsel and on the briefs, and Kathy A. Kennedy , on the briefs).

Joseph A. Fischetti argued the cause for amicus curiae Consumers League of New Jersey (Lowenstein Sandler, attorneys; Joseph A. Fischetti , on the brief).

Daniel M. Ortner , of the California and Virginia bars, admitted pro hac vice, argued the cause for amicus curiae Pacific Legal Foundation (Pacific Legal Foundation, attorneys; Steven Simpson , of counsel, and Mark Miller , on the brief).

John C. Gillespie , argued the cause for amici curiae New Jersey State League of Municipalities and New Jersey Institute of Local Government Attorneys (Parker McCay, attorneys; John C. Gillespie , Mount Laurel , on the brief).

Keith A. Bonchi argued the cause for amicus curiae Tax Collectors and Treasurers Association of New Jersey (Goldenberg, Mackler, Sayegh, Mintz, Pfeffer, Bonchi & Gill, attorneys; Keith A. Bonchi , Atlantic City, of counsel and on the brief, and Elliott J. Almanza , on the brief).

Adam D. Greenberg argued the cause for amicus curiae National Tax Lien Association, Inc. (Honig & Greenberg, attorneys; Adam D. Greenberg , Voorhees, on the brief).

CHIEF JUSTICE RABNER and JUSTICES LaVECCHIA, PATTERSON, FERNANDEZ-VINA, SOLOMON, and PIERRE-LOUIS join in JUSTICE ALBIN's opinion.


The right to enjoy and possess one's property — free from arbitrary government interference — has been deeply embedded in our laws from the beginning of our Republic. That fundamental principle is the subject of this case.

Plaintiffs fell into arrears on the real estate taxes...

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