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IN RE EREZ HEALTH CARE REALTY CO., L.L.C.

Bankruptcy Case No. 07-16649, Adversary No. 09-1738.

In re: Erez Health Care Realty Co., L.L.C., Chapter 11, Debtor. EREZ HEALTH CARE REALTY CO., L.L.C., Plaintiff, v. TOWNSHIP OF TOMS RIVER, Defendant.

United States Bankruptcy Court, D. New Jersey.

October 28, 2011.

Attorney(s) appearing for the Case

Andrew Kelly, Esquire , The Kelly Firm, P.C., 1011 Highway 71, Suite 200, Spring Lake, New Jersey 07762, Attorney for Plaintiff.

Kenneth B. Fitzsimmons, Esquire , Township of Toms River, Division of Law, 33 Washington Street, Toms River, New Jersey 08753, Attorney for Defendant.

MEMORANDUM OPINION

KATHRYN C. FERGUSON, Bankruptcy Judge.

Procedural Background

Erez Health Care Realty Co., L.L.C. ("Erez") filed a Complaint for the Determination of Tax Liability Pursuant to 11 U.S.C. § 505. In Count One of the Complaint, Erez contests the October 1, 2008 assessment and demands judgment reducing the assessment to the "correct" market value. In Count Two, Erez contests the assessment of the Property for the years 2006 and...

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