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Atlantic City v. Greate Bay Hotel

Superior Court of New Jersey, Appellate Division
Sep 30, 1997
304 N.J. Super. 457 (Tax 1997)

Summary

holding that, in the case of multiple and timely filings in the county board of taxation and the Tax Court, the Tax Court has jurisdiction to hear the matter, distinguishing Union City Associates v. Union City, 115 N.J. 17, 556 A.2d 769 and rejecting a "first to file rule" when the filings in both forums are not by the same party

Summary of this case from Atlantic City v. Boardwalk Regency

Opinion

Argued September 8, 1997

Decided September 30, 1997

On appeal from the Tax Court of New Jersey., whose opinion is reported at 16 N.J. Tax 486 (1997).

Before Judges HAVEY and NEWMAN.

John R. Lloyd argued the cause for appellant Greate Bay Hotel and Casino, Inc. ( Rosenblum, Wolf Lloyd, attorneys; Nathan P. Wolf, on the brief).

Stephen R. Nehmad argued the cause for appellant Boardwalk Regency Corp. ( Perskie, Nehmad Perillo, attorneys; Mr Nehmad and Richard F. DeLucry, on the brief).

Saul A. Wolfe argued the cause of respondent ( Skoloff Wolf., attorneys; Mr. Wolfe, on the brief).


By leave granted, taxpayers Greate Bay Hotel and Casino, Inc. and Boardwalk Regency Corp., appeal from June 9, 1997 Tax Court orders declaring that the Tax Court had exclusive jurisdiction over tax appeals concerning appellants' Atlantic City properties for the tax year 1997. The order directed that appellants withdraw their appeals respecting the same properties then pending before the Atlantic County Board of Taxation, which had been filed prior to the City filing its complaints directly with the Tax Court. In entering the orders, Judge Rimm concluded that, when there is a timely and proper filing of a complaint in the Tax Court, the County Board of Taxation has no jurisdiction over the matter, even if a petition had been filed with the County Board before the filing of the complaint in the Tax Court.

We affirm substantially for the reasons expressed by Judge Rimm in his thoughtful opinion reported at 16 N.J.Tax 486 (1997).

Affirmed.


Summaries of

Atlantic City v. Greate Bay Hotel

Superior Court of New Jersey, Appellate Division
Sep 30, 1997
304 N.J. Super. 457 (Tax 1997)

holding that, in the case of multiple and timely filings in the county board of taxation and the Tax Court, the Tax Court has jurisdiction to hear the matter, distinguishing Union City Associates v. Union City, 115 N.J. 17, 556 A.2d 769 and rejecting a "first to file rule" when the filings in both forums are not by the same party

Summary of this case from Atlantic City v. Boardwalk Regency

finding that "[w]hen there is a timely and proper filing of a complaint in the Tax Court, the County Board of Taxation has no jurisdiction over the matter, even if a petition had been filed with the County Board before the filing of the complaint in the Tax Court."

Summary of this case from FIFTH ROC v. TOWN OF MORRISTOWN
Case details for

Atlantic City v. Greate Bay Hotel

Case Details

Full title:CITY OF ATLANTIC CITY, PLAINTIFF-RESPONDENT, v. GREATE BAY HOTEL AND…

Court:Superior Court of New Jersey, Appellate Division

Date published: Sep 30, 1997

Citations

304 N.J. Super. 457 (Tax 1997)
304 N.J. Super. 457
701 A.2d 458

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