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SWITZ v. KINGSLEY

37 N.J. 566 (1962)

182 A.2d 841

OLIVIA WRIGHTSON SWITZ, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. WILLIAM KINGSLEY, ACTING DIRECTOR OF DIVISION OF TAXATION, AND MONMOUTH COUNTY BOARD OF TAXATION, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS, AND TOWNSHIP OF MIDDLETOWN AND WILLIAM C. JOHNSON, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 25, 1962.

Attorney(s) appearing for the Case

Mr. Herbert J. Hannoch argued the cause for plaintiff-appellant and cross-respondent (Messrs. Hannoch, Weisman, Myers, Stern & Besser, attorneys).

Mr. Alan B. Handler, Deputy Attorney General, argued the cause for defendants-respondents and cross-appellants (Mr. David D. Furman, Attorney General of New Jersey, attorney).

Mr. Arthur D. McTighe filed a brief on behalf of New Jersey Farm Bureau, et al., amici curiae.

The opinion of the court was delivered by WEINTRAUB, C.J.

This case involves the constitutionality of Chapter 51 of the Laws of 1960, an act relating to the taxation of real and personal property for the use of local government.1 Plaintiff, a taxpayer, sought a declaration that the statute or portions thereof are unconstitutional. On cross-motions for judgment the trial court held the statute valid except in two respects...

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