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NEWARK PARK PLAZA ASSOCS. v. NEWARK

227 N.J. Super. 496 (1987)

547 A.2d 1163

NEWARK PARK PLAZA ASSOCIATES, LTD., PLAINTIFF, v. CITY OF NEWARK, KENNETH A. JOSEPH, TAX COLLECTOR OF THE CITY OF NEWARK AND THE BOARD OF EDUCATION OF THE CITY OF NEWARK, DEFENDANTS.

Superior Court of New Jersey, Law Division Essex County.

Decided December 8, 1987.

Attorney(s) appearing for the Case

Robert H. Bernstein for plaintiff (McCarter & English, attorneys).

Melvin Simon for defendant City of Newark.

Charles I. Auffant for defendant Newark Board of Education.

ROSEMARY HIGGINS CASS, J.S.C.

This case presents the court with a question not previously resolved in this State: whether public policy prevents enforcement of a tax provision, in a lease between a government entity and a private landlord, requiring the government entity to pay any real estate taxes assessed against the property which is the subject of the lease.

Lacking sufficient government-owned property...

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