Braemar at Chester, LLC v. Chester Borough

KAHN, J.T.C.

This is the court’s determination with respect to the plaintiffs (taxpayer) motion for summary judgment to cancel rollback tax assessments covering tax years 1998 through 2000. The issue is whether rollback taxes can be assessed by means of the alternate method, N.J.S.A. 54:4-63.31 to -63.40, rather than by the original method, N.J.S.A. 54:4-63.12 to -63.30.

The subject property is Block 8, Lot 18.01, on the tax map of the Borough of Chester, located on Budd Avenue, Morris County. The defendant (municipality) assessed the subject property for tax years 1998 through 2000 as…