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AMERICAN HYDRO v. CLIFTON CITY

239 N.J. Super. 130 (1989)

570 A.2d 1246

AMERICAN HYDRO POWER PARTNERS, L.P., A DELAWARE LIMITED PARTNERSHIP, PLAINTIFF-RESPONDENT, v. CLIFTON CITY (PASSAIC COUNTY), DEFENDANT-APPELLANT, AND ATTORNEY GENERAL OF NEW JERSEY, INTERVENOR-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 23, 1989.

Attorney(s) appearing for the Case

Leon Klein argued the cause for appellant, Clifton City (Passaic County), (City of Clifton Law Department, attorneys; Leon Klein, on the brief).

Harry Haushalter, Deputy Attorney General, argued the cause for intervenor-appellant, Attorney General of New Jersey (W. Cary Edwards, Attorney General, attorney; James J. Ciancia, Assistant Attorney General, Of Counsel; Harry Haushalter, on the brief).

Kevin J. Coakley, argued the cause for respondent (Connell, Foley & Geiser, attorneys; Kevin J. Coakley Of Counsel, Kevin J. Coakley and Timothy E. Corriston, on the brief).

Before Judges J.H. COLEMAN, BAIME and D'ANNUNZIO.

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

City of Clifton (Clifton) appeals a Tax Court decision which ruled that the failure to timely file an added assessment list precludes an added assessment for the year in question, except through the omitted assessment procedure. 9 N.J.Tax 259 (Tax Ct. 1987).

American Hydro Power Partners, L.P. (American) operates a dam and hydro electric plant on the Passaic...

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