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EXXON CORP. v. TP. OF EAST BRUNSWICK

192 N.J. Super. 329 (1983)

470 A.2d 5

EXXON CORP., A CORPORATION OF STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. TP. OF EAST BRUNSWICK; TP. OF OLD BRIDGE; AND TP. OF WOODBRIDGE, INDIVIDUALLY AND AS CLASS REPRESENTATIVES OF ALL TAXING JURISDICTIONS IN STATE OF NEW JERSEY IN WHICH UNDERGROUND FUEL STORAGE TANKS OF PLAINTIFF ARE LOCATED; BD. OF TAXATION OF MIDDLESEX CTY., AND SIDNEY GLASER, DIR., DIV. OF TAXATION, DEFENDANTS-RESPONDENTS. EXXON CORP., A CORPORATION OF STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. TP. OF EAST BRUNSWICK; TP. OF OLD BRIDGE; AND TP. OF WOODBRIDGE, INDIVIDUALLY AND AS CLASS REPRESENTATIVES OF ALL TAXING JURISDICTIONS IN STATE OF NEW JERSEY IN WHICH UNDERGROUND FUEL STORAGE TANKS OF PLAINTIFF ARE LOCATED, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 16, 1983.

Attorney(s) appearing for the Case

Sheppard A. Guryan, argued the cause for appellant (Lasser, Hochman, Marcus, Guryan and Kuskin, attorneys; Sheppard A. Guryan, of counsel; Bruce H. Snyder, on the brief).

Bertram E. Busch argued the cause for respondent Tp. of East Brunswick (Busch and Busch, attorneys).

Richard F. Plechner argued the cause for respondent Tp. of Old Bridge.

Maureen Adams, Deputy Attorney General, argued the cause for respondent Div. of Taxation and Middlesex Cty. Bd. of Taxation (Irwin I. Kimmelman, Attorney General of State of New Jersey, attorney; Deborah Poritz, Deputy Attorney General, of counsel).

No one appeared for respondent Tp. of Woodbridge. Alfred F. Russo, attorney for respondent Tp. of Woodbridge, joins in the brief filed by the Attorney General on behalf of the Dir., Div. of Taxation and the Middlesex Cty. Bd. of Taxation and the brief filed by Bertram E. Busch on behalf of the Tp. of East Brunswick.

Before Judges BISCHOFF, PETRELLA and BRODY.

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

This is a consolidated appeal from the dismissal of plaintiff's actions pending in the Superior Court and in the Tax Court. The appeal raises basic procedural issues.

Plaintiff Exxon Corporation, as part of its business, owns 394 gasoline service stations in 218 municipalities in all 21 counties of the State of New Jersey. It also leases land in 102 municipalities on which 138 service stations are...

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