Masciarella v. Wildwood Crest Borough
Masciarella v. Wildwood Crest Borough
Opinion of the Court
Plaintiffs appeal from an order of the Tax Court that entered final judgment dismissing their complaint based upon the denial of their application to amend the complaint to substitute Lower Township for the Borough of Wildwood Crest as the party defendant. We affirm.
N.J.S.A. 54:3-21 requires a complaint challenging a real property tax assessment to be filed before April 1. On March 29, 1996, plaintiffs filed a complaint with the Tax Court challenging a property assessment for their motel located in Lower Township. Unfortunately, the plaintiffs named as defendant the Borough of Wildwood Crest which adjoins Lower Township in Cape May County. The tax bill clearly indicates that the property is located in Lower Township.
Within one month after the appeal was filed, plaintiffs’ attorney was advised by the Tax Assessor for Wildwood Crest that the wrong municipality was named in the tax appeal. Plaintiffs
On this appeal plaintiffs raise the following:
POINT I PLAINTIFF FILED ITS COMPLAINT IN A TIMELY FASHION.
POINT II THE TRIAL COURT’S DENIAL OF THE MOTION WAS INCONSISTENT WITH THE RULES OF THE COURT AND CASE LAW OF THE STATE.
POINT III THE TOWNSHIP WOULD NOT BE' PREJUDICED IF THE MOTION WERE GRANTED.
After review of the record, the applicable law, and the briefs filed, we conclude the contentions are clearly without merit and affirm, essentially for the reasons set forth by Judge Rimm in his oral opinion of September 19,1996. See R. 2:ll-3(e)(l)(E).
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.