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ATL. COAST LEH v. LITTLE EGG HARBOR

Nos. 007723-2006, 007933-2007, 008904-2008, 013849-2009.

26 N.J. Tax 151 (2011)

ATLANTIC COAST LEH, LLC, Plaintiff, v. TOWNSHIP OF LITTLE EGG HARBOR, Defendant.

Tax Court of New Jersey.

July 26, 2011.

Attorney(s) appearing for the Case

Frederick C. Raffetto for plaintiff (Ansell, Grimm & Aaron, PC, attorneys).

Michael J. Gilmore for defendant (Gilmore & Monahan, PA, attorneys).

DeALMEIDA, P.J.T.C.

The question before the court is whether plaintiff's approximately twelve-acre, mostly vacant plot of land, on which is located a 290-foot, income-generating, cellular communications tower, qualifies for farmland assessment pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1, et seq. The property is put to dual uses. In addition to collecting rent from the operation of the cellular tower, which occupies less than an...

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