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NEW JERSEY INSTITUTE OF TECHNOLOGY v. CITY OF NEWARK

164 N.J. Super. 516 (1978)

397 A.2d 361

NEW JERSEY INSTITUTE OF TECHNOLOGY, PETITIONER-APPELLANT, v. CITY OF NEWARK AND DIVISION OF TAX APPEALS, DEPARTMENT OF THE TREASURY, STATE OF NEW JERSEY, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Supplemental Briefs Filed October and November 1978.

Decided December 27, 1978.

Attorney(s) appearing for the Case

Mr. Robert A. Giegerich argued the cause for appellant (Mr. Louis A. Ruprecht, attorney).

Mr. Melvin Simon, Assistant Corporation Counsel, argued the cause for respondent City of Newark (Mr. Salvatore Perillo, Corporation Counsel, attorney).

Mr. John J. Degnan, Attorney General, filed a brief amicus curiae (Mr. Stephen Skillman, Assistant Attorney General, on the brief).

Before Judges ALLCORN and BOTTER.

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

The New Jersey Institute of Technology (N.J.I.T.), formerly called the Newark College of Engineering (NCE), appeals from a judgment of the Division of Tax Appeals which upheld property taxes imposed by Newark on two parcels. N.J.I.T. had filed tax appeals for each parcel claiming that the properties were exempt from taxation under N.J.S.A. 54:4-3.3, as property of trustees for the support of public schools...

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