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Clearview Gardens Associates v. Township of Parsippany-Troy Hills

Decided: September 28, 1984.

CLEARVIEW GARDENS ASSOCIATES, PLAINTIFF-APPELLANT,
v.
TOWNSHIP OF PARSIPPANY-TROY HILLS, DEFENDANT-RESPONDENT. RIVERSIDE ESTATES, PLAINTIFF-APPELLANT, V. TOWNSHIP OF PARSIPPANY-TROY HILLS, DEFENDANT-RESPONDENT. PARSIPPANY HILLS ASSOCIATES, PLAINTIFF-APPELLANT, V. TOWNSHIP OF PARSIPPANY-TROY HILLS, DEFENDANT-RESPONDENT. D. H. OVERMYER, PLAINTIFF-APPELLANT, V. TOWNSHIP OF WOODBRIDGE, DEFENDANT-RESPONDENT



On appeal from Tax Court of New Jersey.

McElroy, Dreier and Shebell. The opinion of the court was delivered by Dreier, J.A.D.

Dreier

Plaintiffs appeal from orders of the Tax Court denying plaintiffs' motions for Freeze Act application in the Clearview Gardens Associates, Riverside Estates and Parsippany Hills Associates cases (hereinafter called the "Parsippany-Troy Hills" matters) which were decided by a Tax Court judge by orders dated December 9, 1983, without opinion or oral argument. The D. H. Overmyer matters, concerning six parcels in the Township of Woodbridge, are the subject of a single order dated April 19, 1984 denying all motions for Freeze Act application for the reasons set forth in the trial judge's oral decision. Plaintiffs' attorney asserts that different practices prevail among the Tax Court judges, some accepting an application for Freeze Act relief, without further documentation, and others requiring certifications as to value, etc. An appellate opinion is thus necessary to restore uniformity to this area of the law.

In the Parsippany-Troy Hills cases the following corrected assessments were ordered by judgment pursuant to settlement as to the tax year 1980, and the 1982 tax assessments were placed on the subject property as follows:

Clearview Garden Associates

Block 15, Lot 26 - Mt. Pleasant Avenue

--------------------------------------

Original Assessment $360,000

Tax Court Judgment $251,437

Date of Entry July 16, 1981

1982 Assessment $266,800

Parsippany Hills Associates

Block 388, Lot 7 - Parsippany Road

----------------------------------

Original Assessment $1,400,000

Tax Court Judgment $971,535

Date of Entry June 23, 1981

1982 Assessment $1,052,000

Riverside Estates

Block 15, Lot 25 Sec. 1 - Route 10

----------------------------------

Original Assessment $1,312,000

Tax Court Judgment $1,000,000

Date of Entry September 22, 1981

1982 Assessment ...


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