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CONGREGATION B'NAI YISROEL v. MILLBURN TP.

35 N.J. Super. 67 (1955)

113 A.2d 182

CONGREGATION B'NAI YISROEL, APPELLANT, v. THE TOWNSHIP OF MILLBURN IN THE COUNTY OF ESSEX, AND DIVISION OF TAX APPEALS, DEPARTMENT OF THE TREASURY, STATE OF NEW JERSEY, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 24, 1955.

Attorney(s) appearing for the Case

Mr. Samuel A. Larner argued the cause for appellant (Messrs. Budd and Larner, attorneys).

Mr. Reynier J. Wortendyke, Jr., argued the cause for respondent, The Township of Millburn.

Before Judges CLAPP, JAYNE and FRANCIS.

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

The Congregation B'Nai Yisroel appeals from a judgment of the Division of Tax Appeals denying it an exemption as to certain land owned by it in Millburn, N.J., which was used for the parking of automobiles by those attending the Congregation. The issue, as it is stated by Millburn, calls for a construction of that portion of R.S. 54:4-3.6 italicized below:

"The following property shall be exempt...

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