LUCENT TECH., INC. v. BERKELEY HGTS.

A-95 September Term 2008.

989 A.2d 844 (2010)

201 N.J. 237

LUCENT TECHNOLOGIES, INC., Plaintiff-Appellant, v. TOWNSHIP OF BERKELEY HEIGHTS, Defendant-Respondent.

Supreme Court of New Jersey.

Decided March 17, 2010.


Attorney(s) appearing for the Case

Michael James Guerriero, Florham Park, argued the cause for appellant (Day Pitney, attorneys; Mr. Guerriero and Christopher John Stracco, on the brief).

Saul A. Wolfe, Livingston, argued the cause for respondent (Skoloff & Wolfe, attorneys; Mr. Wolfe and David B. Wolfe, of counsel; Saul A. Wolfe, David B. Wolfe, and Edward J. Kuch, III, on the brief).


Justice HOENS delivered the opinion of the Court.

In this interlocutory appeal, we consider whether there is a time limitation governing when a municipality may file a motion to dismiss a tax appeal that rests on the taxpayer's false or fraudulent account. In addressing that question in the first instance, the Tax Court concluded generally that there was such a limitation embodied in our Court Rule, see R. 8:7(e), as a result of which the municipality's dismissal...

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