Lucent Technologies Inc. v. Township of Berkeley Heights, A-4439-07T1; Appellate Division; opinion by Sapp-Peterson , J.A.D.; decided and approved for publication February 11, 2009. Before Judges Reisner, Sapp-Peterson and Alvarez. On appeal from the Tax Court of New Jersey, No. 1731-2005. [Sat below: Judge +.] DDS No. 35-2-2736 [14 pp.]

After transferring title to LTI NJ Finance, L.L.C., plaintiff Lucent Technologies Inc. entered into a 20-year lease-back of property located in Berkeley Heights Township. The lease covered the entire premises, except for space already leased to Summit Bank. Lucent then entered into sublease agreements covering less than 3 percent of the total building area with OFS Fitel, L.L.C., Sychip Inc., and Affinity Credit Union.