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Sunday, July 23, 2017

FISHER, KRYSTAL AND DAVID VS. CITY OF MILLVILLE A-3351-15T3

FISHER, KRYSTAL AND DAVID VS. CITY OF MILLVILLE
          A-3351-15T3
The court reviewed the statutory requirements for a personal residence real estate tax exemption, granted to certain disabled veterans, honorably discharged, who served in "active service in time of war." Construing the Legislative intent the court concluded the military conflict applicable to plaintiff's period of service, Operation "Enduring Freedom," occurring on or after September 11, 2001, requires the disabling injury occur during service "in a theater of operation and in direct support of that operation." This geographic component was not satisfied by plaintiff who was injured during stateside basic training and never sent with her unit to Afghanistan. Accordingly, plaintiff's disabling injuries were not suffered in a theater of operation or in direct support of a theater of operation, and
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thus, were not the result of "active service in time of war," as defined in N.J.S.A. 54:4-8.10(a).