440 Rt 17 Ptrns LLC v. Borough of Hasbrouck Heights

ANDRESINI, J.T.C.

This is the court’s opinion with respect to Defendant’s motion for dismissal. Plaintiff 440 Rt 17 Ptrns LLC (“Plaintiff’) filed a complaint attacking the assessment for property located at 440 Route 17 North in Hasbrouek Heights, designated as Block 125.05 Lot 34 (the “Subject Property”) against the Borough of Hasbrouek Heights (“Defendant”). Defendant’s motion to dismiss is based on Plaintiffs failure to comply with a Chapter 91 request pursuant to N.J.S.A. 54:4-34 (“Chapter 91”). Plaintiff alleges that its non-response was excused for Defendant’s failure to make the request…