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CHEROKEE EQUITIES v. GARAVENTA

887 A.2d 1203 (2005)

382 N.J. Super. 201

CHEROKEE EQUITIES, L.L.C., Plaintiff, v. Mary E. GARAVENTA, Individually and as Executrix of the Estate of Daniel Garaventa; Ida Schettino, Her Heirs, Devisees and Personal Representatives and Their or any of Their Successors in Right, Title and Interest and John Doe Husband of Ida Schettino, Said Name John Doe Being Fictitious; Mrs. Daniel Garaventa, Wife of Daniel Garaventa; Rudolph Novotny, His Heirs, Devisees and Personal Representatives and Their or any of Their Successors in Right, Title and Interest; State of New Jersey, Defendants. Duggan Partners, L.L.C., Plaintiff, v. Mary E. Garaventa, Her Heirs, Devisees and Personal Representatives and His, Hers, Their or any of Their Successors in Right, Title and Interest, John Doe, Husband of Mary E. Garaventa, Said Name of John Doe Being Fictitious; Ida Schettino, Her Heirs, Devisees and Personal Representatives His, Hers, Their or any of Their Successors in Right, Title and Interest; John Doe, Husband of Ida Schettino, Said Name John Doe Being Fictitious; Vincent Schettino, His Heirs, Devisees and Personal Representatives and His, Hers, Their or any of Their Successors in Right, Title and Interest; Mrs. Vincent Schettino, Wife of Vincent Schettino; Victor Schettino, His Heirs, Devisees and Personal Representatives and His, Hers, Their or any of Their Successors in Right, Title and Interest; Mrs. Victor Schettino, Wife of Victor Schettino; Unknown Owners or Claimants, His or Her, Heirs, Devisees and Personal Representatives and His, Hers, Their or any of Their Successors in Right, Title and Interest; and the State of New Jersey, Defendants.

Superior Court of New Jersey, Chancery Division, Monmouth County.

Decided October 14, 2005.

Attorney(s) appearing for the Case

Keith A. Bonchi, Atlantic City, for plaintiff Cherokee Equities, L.L.C. (Goldenberg, Mackler, Sayegh, Mintz, Pfeffer, Bonchi & Gill).

Richard O. Venino, Jr., Sea Girt, for Proposed Intervenor Duggan Partners, L.L.C. (Richard O. Venino, Jr.).

ALEXANDER D. LEHRER, P.J.Ch.

On September 26, 1995, the tax collector of the City of Long Branch sold Rudolph Novotny tax sale certificate (TSC) 95-101 on vacant property located at Block 410, Lot 21 a/k/a 160 Long Branch Ave., Long Branch, New Jersey. Mr. Novotny never paid any subsequent taxes. As a result, the following year, the City of Long Branch held a tax sale and sold certificate No. 96-112 on the same property. TSC 96-112 was originally purchased by FUNDCO...

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