In Garden State Inv. v. Twp. of Brick, the Appellate Division agreed with the Chancery Division that purchasers of tax sale certificates could not rescind the purchase and receive back taxes paid because they later learned that the properties subject to those taxes had a restrictive easement on them. The plaintiffs relied on Twp. of Middletown v. Simon, 193 N.J. 228 (2008). But the Appellate Division found that case distinguishable, in particular, because there, the township had played an active role in depriving the plaintiff of his investment. Here, the plaintiffs simply made a “poor investment.”
