Ronald Bentz v. Township of Little Egg Harbor, Docket No. 009763-2017; opinion by Sundar, J.T.C., decided July 25, 2018. For plaintiff – Ronald Bentz, Self-Represented; for defendant - Robin La Bue (Gilmore & Monahan P.A., attorneys); for intervenor, Director, Division of Taxation – Stephen J. Colby (Attorney General of New Jersey, attorney).
Held: Plaintiff’s complaint seeking to declare N.J.S.A. 54:4- 8.10(a) as unconstitutional because it does not list the 1986 conflict in Libya as one of defined periods of “time of war” is dismissed. The principles of separation of powers prohibit the court from engrafting a conflict into N.J.S.A. 54:4-8.10(a) when it has not been specifically designated as such by the Legislature.