R.C. MAXWELL CO. v. GALLOWAY TP.


13 N.J. Tax 519 (1993)

THE R.C. MAXWELL COMPANY AND SCOLA, INC., PLAINTIFFS, v. GALLOWAY TOWNSHIP, DEFENDANT.

Tax Court of New Jersey.

December 9, 1993.


Attorney(s) appearing for the Case

Jeffrey M. Hall for plaintiffs.

Theodore L. Abeles for amicus curiae Outdoor Advertising Association of New Jersey (Sills, Cummis, Zuckerman, Radin, Tischman, Epstein & Gross, attorneys).

Ronald I. Bloom for defendant Galloway Township (Vasser, Spitalnick & Bloom, attorneys).

Julian F. Gorelli for defendant-intervenor Director, Division of Taxation (Fred DeVesa, Attorney General of New Jersey, attorney).


LARIO, J.T.C.

Plaintiffs have appealed from a judgment of the Atlantic County Board of Taxation affirming the municipality's levying of an omitted assessment, as real property, on billboards located on premises identified as Block 1204.01, Lot 7.02 on the tax map of Galloway Township.

Plaintiffs have now filed a motion for summary judgment seeking a declaration that the billboards are not taxable as real property. The municipality has filed a reply in opposition...

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