Opinion
Argued January 5, 1999.
Decided January 28, 1999.
On certification to the Superior Court, Appellate Division, whose opinion is reported at 309 N.J. Super. 272, 706 A.2d 1177 (1998).
Michael J. Haas, Assistant Attorney General, argued the cause for appellant, State of New Jersey Department of the Treasury
Peter Verniero, Attorney General of New Jersey, attorney; Kevin M. Wolfe and Peter M. Ullman, Deputy Attorneys General, on the briefs.
Michael O'B. Boldt, argued the cause for respondent, The Hilton at Short Hills.
Martin S. Ettin, submitted a brief on behalf of amici curiae New Jersey Retail Merchants Association and The International Mass. Retail Association Mr. Ettin, James B. Evans, Jr., and Robert P. Saltzman, on the brief).
The judgment is affirmed, substantially for the reasons expressed in Judge Brochin's opinion of the Appellate Division, reported at 309 N.J. Super. 272, 706 A.2d 1177 (1998).
For affirmance — Chief Justice PORITZ and Justices HANDLER, POLLOCK, O'HERN, GARIBALDI, STEIN, and COLEMAN — 7.
Opposed — None.