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ALPHA-BELLA VI, INC. BY UNITED JERSEY BANK v. CLINTON TP.

14 N.J. Tax 597 (1995)

ALPHA-BELLA VI, INC. BY UNITED JERSEY BANK, PLAINTIFF, v. CLINTON TOWNSHIP, DEFENDANT.

Tax Court of New Jersey.

May 5, 1995.

Attorney(s) appearing for the Case

Peter J. Zipp for plaintiff (Mr. Zipp and Deirdre O. Stewart, on the brief).

Pamela Lee Matarrese for defendant (Vaida & Manfreda, attorneys).

HAMILL, J.T.C.

The principal issue in this case is whether an assessment of rollback taxes made after the filing of a petition in bankruptcy violates the automatic stay arising under § 362 of the Bankruptcy Code ("Code"), 11 U.S.C. § 362(a). Additional issues are (1) whether the county board's notice of intent to assess rollback taxes was fatally defective, (2) whether a cessation of farming constitutes a change in use sufficient to invoke rollback...

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