Sands v. Township of East Windsor

LASSER, P.J.T.C.

(temporarily assigned).

In this action in lieu of prerogative writs, plaintiffs seek to recover garbage taxes paid to defendant municipality for the period January 1, 1978 through September 30, 1987. Defendant has moved for summary judgment on the ground that plaintiffs’ action is time-barred, or if not, plaintiffs have no legal right to recover the garbage taxes paid to defendant.

In August 1977 defendant adopted an ordinance, effective January 1, 1978, which created a garbage collection district and provided for defraying the cost of garbage collection services by levying and…