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VILLAGE SUPERMARKETS, INC. v. WEST ORANGE TP.

206 N.J. Super. 597 (1986)

503 A.2d 370

VILLAGE SUPERMARKETS, INC., PLAINTIFF-APPELLANT, v. TOWNSHIP OF WEST ORANGE, DEFENDANT-RESPONDENT. CENTRE PROPERTIES CO., PLAINTIFF, v. TOWNSHIP OF WEST ORANGE, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 9, 1986.

Attorney(s) appearing for the Case

Lawrence S. Berger argued the cause for appellant (Lawrence S. Berger, attorney; Bruce D. Nimensky, on the brief).

Matthew J. Scola argued the cause for respondent.

Before Judges PRESSLER, DREIER and GRUCCIO.

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

Plaintiff Village Supermarkets, Inc. appeals from the dismissal by the Tax Court of its consolidated complaints by which it challenged a 1979, 1980 and 1981 real property tax assessment of the defendant Township of Orange. The primary question raised by this appeal is whether a so-called net lessee, who is contractually obligated to assume the full tax burden for the property, is a "taxpayer" within the...

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