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PIPQUARRYCO, INC. v. HAMBURG BOROUGH

15 N.J. Tax 413 (1996)

PIPQUARRYCO, INC., PLAINTIFF, v. HAMBURG BOROUGH, DEFENDANT.

Tax Court of New Jersey.

January 19, 1996.

Attorney(s) appearing for the Case

Jane E. Barnes for plaintiff (Peter J. Zipp, attorney).

Richard J. Clemack for defendant (D'Angelo & Clemack, attorneys).

KUSKIN, J.T.C.

Plaintiff's petitions of appeal filed with the Sussex County Board of Taxation (the "Board") were dismissed for failure to prosecute. Plaintiff filed a complaint with the Tax Court, and defendant has moved to dismiss such complaint. The motion is based upon the following provisions of N.J.S.A. 54:51A-1(c)(2):

If the tax court shall determine that the appeal to the county board of taxation...

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