GARDEN STATE INVESTMENT VS. TOWNSHIP OF BRICK, NEW JERSEY AND THE APPROVED REALTY GROUP VS. TOWNSHIP OF BRICK, ET AL. (C-0234-17 and C-0080-18, OCEAN COUNTY AND STATEWIDE) (CONSOLIDATED) (A-0082-19T2/A-0093-19T2)
After only physically inspected the properties and examining the assessment records and tax map, plaintiffs purchased tax sale certificates on vacant lots in Brick Township. They paid accruing taxes and bided their time until entitled to commence foreclosure actions. Once their foreclosure actions were underway, plaintiffs finally obtained title searches and learned the properties were encumbered by a conservation easement, which rendered the properties undevelopable. That discovery prompted plaintiffs to commence these actions, seeking rescission of their tax sale certificate purchases and reimbursement of taxes paid. The chancery judge granted summary judgment in favor of Brick Township, and in distinguishing Twp. of Middletown v. Simon, 193 N.J. 228 (2008), the court affirmed because, unlike Middletown's conduct there, Brick Township's tax assessor was as much in the dark about the conservation easement as plaintiffs and, unlike Middletown, the township took no active steps to deprive plaintiffs of the value of their investments.
