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TOWNSHIP OF HOLMDEL v. TURNPIKE AUTHORITY

22 N.J. Tax 428 (2005)

TOWNSHIP OF HOLMDEL, PLAINTIFF, v. NEW JERSEY HIGHWAY AUTHORITY, DEFENDANT. NEW JERSEY HIGHWAY AUTHORITY, PLAINTIFF, v. TOWNSHIP OF HOLMDEL, DEFENDANT. TOWNSHIP OF HOLMDEL, PLAINTIFF, v. NEW JERSEY TURNPIKE AUTHORITY, DEFENDANT. NEW JERSEY TURNPIKE AUTHORITY, PLAINTIFF, v. TOWNSHIP OF HOLMDEL, DEFENDANT.

Tax Court of New Jersey.

July 18, 2005.

Attorney(s) appearing for the Case

Frederick W. Rose for Township of Holmdel (Cooper, Rose & English, attorneys).

Jeffrey J. Miller for New Jersey Highway Authority and New Jersey Turnpike Authority (DeCotiis, Fitzpatrick, Cole & Wisler, attorneys).

KUSKIN, J.T.C.

I.

Background

A. General.

For tax years 1996, 1997 and 1998, the Township of Holmdel ("Holmdel") determined that certain facilities then owned by the New Jersey Highway Authority ("Highway Authority") and located at the Garden State Arts Center ("Arts Center") ceased to qualify for property tax exemption. The Arts Center is located in Holmdel at Exit 116 on the Garden State Parkway which provides the only means of public...

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