HAMILTON TP. v. LYONS ESTATE


8 N.J. Tax 112 (1986)

HAMILTON TOWNSHIP, PLAINTIFF, v. ESTATE OF MARGARET C. LYONS, M. DONALD LYONS, CO-EXECUTOR/TRUSTEES OF THE ESTATE OF MARGARET C. LYONS AND M. DONALD LYONS, INDIVIDUALLY.

Tax Court of New Jersey.

January 14, 1986.


Attorney(s) appearing for the Case

Robert A. Gladstone for plaintiff (Schaff, Mahon, Motiuk, Gladstone & Conley, attorneys).

Clifford C. Halper for defendants (Kivler & Halper, attorneys).


LARIO, J.T.C.

The question raised in this case is whether the interruption of an agricultural use by reason of excavation and sale of mineral materials, with the intent to resume the agricultural activity at a future date after the excavation ceases, is sufficient to trigger the farmland roll-back assessment provisions of N.J.S.A. 54:4-23.8.

The taxing district's assessor pursuant to N.J.S.A. 54:4-23.9 and N.J.S.A. 54:4-63.12, et seq...

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