BTD-1996, NPC 1 L.L.C. v. 350 Warren L.P.

The opinion of the court was delivered by

STERN, P.J.A.D.

The Hudson County Sheriff appeals from a judgment entered on April 19, 1999, declaring that “N.J.S.A. 22A:4-8 as applied to the commissions sought by the Hudson County Sheriff from plaintiff in this case is unconstitutional,” and denying the Sheriffs requested order to show cause seeking payment of his statutory fee. The Sheriff argues that he is entitled to the statutory commission or fee provided in N.J.S.A. 22A:4-8 when a judicially ordered sale does not go forward by virtue of a settlement; that the settlement resulted from the…