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(NOTE: The status of this decision is Unpublished.) Original WP 5.1 Version This case can also be found at 362 N.J. Super. 440, 828 A.2d 932.

NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
                            SUPERIOR COURT OF NEW JERSEY
                            APPELLATE DIVISION
                            A-0210-02T3

THE CITY OF EAST ORANGE,
        Plaintiff-Appellant,
v.
ESSEX COUNTY REGISTER OF
DEEDS & MORTGAGES, CAROL A.
GRAVES, ESSEX COUNTY REGISTER,
in her official capacity and
COUNTY OF ESSEX,

        Defendants-Respondents.
        Submitted July 15, 2003 - Decided July 30, 2003
        Before Judges Skillman, Axelrad and Fuentes.
        On appeal from Superior Court of New Jersey, Law Division, Essex County, Docket No. L- 5709-02.
        Jason Holt, Corporation Counsel, attorney for appellant (Ana R. Tolentino, Assistant Corporation Counsel, on the brief).
        Francis J. Giantomasi, Essex County Counsel, attorney for respondents (Thomas M. Bachman, Assistant County Counsel, of counsel and on the brief).
    The opinion of the court was delivered by SKILLMAN, P.J.A.D.    The issue presented by this appeal is whether the fee for recording a certificate of cancellation of a tax sale certificate is $15 or $3. We conclude that the statutorily mandated fee for this service is $15.
    Plaintiff City of East Orange has paid the higher fee (formerly $8)See footnote 11 to the defendant Essex County Register of Deeds and Mortgages since 1988. However, East Orange's newly appointed tax collector notified the Register in September 2001 that she had been overcharging for recording certificates of cancellation of tax certificates and that the correct fee was the same fee established for the filing of tax certificates, which is $3. Thereafter, the Register received a legal opinion from the Essex County Counsel, which concluded that the correct fee was the higher fee established for the recording of mortgages.
file:///C|/Users/Peter/Desktop/Opinions/a0210-02.opn.html[4/20/2013 1:22:03 PM]
a0210-02.opn.html
    Plaintiff then brought this action in lieu of prerogative writs to enjoin the Register and Essex County from charging the higher fee and to recover alleged overpayments of $4760 plaintiff had made since 1988. The case was brought before the trial court by an order to show cause.
    The Register filed an answering certification which stated that she and her predecessors had interpreted the applicable statutes to require a municipality to pay the same fee for recording a certificate of cancellation of a tax certificate as for recording the cancellation of a mortgage. The Register's certification also indicated that she had conducted a survey of the other county clerks and registers and that thirteen of the eighteen counties which responded, including Essex, charged the higher $15 fee.
    The trial court concluded in a brief oral opinion that the defendants' position was correct and entered judgment in their favor.
    The procedures for the cancellation of a tax sale certificate held by a municipality are set forth in N.J.S.A. 54:5

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