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BOROUGH OF HASBROUCK HEIGHTS v. DIV. OF TAX APPEALS

41 N.J. 492 (1964)

197 A.2d 553

BOROUGH OF HASBROUCK HEIGHTS IN THE COUNTY OF BERGEN, ETC., PLAINTIFF-APPELLANT, v. DIVISION OF TAX APPEALS, STATE OF NEW JERSEY AND BOULEVARD APARTMENTS, INC., ETC., DEFENDANTS-RESPONDENTS. BOROUGH OF HASBROUCK HEIGHTS IN THE COUNTY OF BERGEN, ETC., PLAINTIFF-APPELLANT, v. DIVISION OF TAX APPEALS, STATE OF NEW JERSEY AND SKYLINE APARTMENTS, INC., ETC., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided February 17, 1964.

Attorney(s) appearing for the Case

Mr. Ralph W. Chandless argued the cause for plaintiff-appellant (Messrs. Chandless, Weller & Kramer, attorneys; Mr. Chandless, of counsel).

Mr. Herbert C. Klein argued the cause for defendants-respondents, Boulevard Apartments, Inc., and Skyline Apartments, Inc. (Messrs. Kreiger & Klein, attorneys; Mr. Philip S. Epstein, of counsel).

Mr. Alan B. Handler, Deputy Attorney General, filed "Statement In Lieu of Brief" on behalf of defendant-respondent, Division of Tax Appeals, Department of Treasury, State of New Jersey (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

The opinion of the court was delivered by SCHETTINO, J.

Plaintiff Borough appealed to the Appellate Division from certain summary judgments of the Division of Tax Appeals based upon the determination that the Freeze Act (N.J.S.A. 54:2-43) precluded plaintiff from reassessing for the years 1961 and 1962 the corporate respondents' real property following final judgment by the Division determining the 1960 taxes on the same properties. Before argument in the Appellate...

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