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TOWNSHIP OF MIDDLETOWN v. SIMON

937 A.2d 949 (2008)

193 N.J. 228

TOWNSHIP OF MIDDLETOWN, Plaintiff-Respondent, and Peter Lynch and Clifford Raisch, Plaintiffs-Intervenors, v. Richard SIMON, Trustee and Jeffrey Jerman, Defendants-Appellants, and Lamberto Builders, L.L.C., Defendant.

Supreme Court of New Jersey.

Decided January 15, 2008.

Attorney(s) appearing for the Case

Paul H. Schafhauser, Newark and Keith A. Bonchi, Atlantic City, argued the cause for appellants (Herrick, Feinstein, attorneys for Richard Simon, Trustee and Goldenberg, Mackler, Sayegh, Mintz, Pfeffer, Bonchi & Gill, attorneys for Jeffrey Jerman).

Bernard M. Reilly, Red Bank, argued the cause for respondent (Dowd & Reilly, attorneys).

Michael J. Fasano, Freehold, submitted a brief on behalf of amicus curiae, New Jersey Land Title Association (Lomurro, Davison, Eastman & Munoz, attorneys).

Michael J. Convery submitted a letter in lieu of brief on behalf of intervenors-respondents (Convery & Convery, attorneys).

Justice WALLACE, JR., delivered the opinion of the Court.

In 1929, the owners of land adjacent to Shadow Lake in Middletown Township subdivided the land into fifty-six numbered residential lots and one unnumbered lake-front lot labeled "Park." The subdivision map was presented to the Township and recorded in 1932. Many years later, the Park lot was assessed as a separate lot for tax purposes. Because the owners of the Park lot were unknown, taxes on the lot were not...

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