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Vol. 3 No. 100 DECISIONS RELEASED MAY 30, 1995 TAXATION 35-5-5739 City of East Orange v. Twp. of Livingston, Tax Ct. (17 pp.) Since the moratorium on sewer connections for new residential construction in Livingston–on land owned by East Orange and used as a water reserve–is of indefinite duration, and Livingston did not carry its burden of demonstrating the existence of a sewer hookup alternative, Livingston’s contention that the highest and best use of East Orange’s water reserve property is residential is rejected, and the highest and best use is held to be for open space or conservation, thus entitling East Orange to relief from the assessed value. [Decided May 26, 1995.] ** Editor’s Note: There were no Appellate Division decisions released today.

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