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PRIVATE TRUCK COUNCIL OF AMERICA, INC. v. STATE

210 N.J. Super. 611 (1985)

510 A.2d 300

PRIVATE TRUCK COUNCIL OF AMERICA, INC., PPG INDUSTRIES, INC., W.H. CHRISTIE & SONS, INC., AND DENNIS TRUCKING, PLAINTIFFS, v. STATE OF NEW JERSEY AND CLIFFORD W. SNEDEKER, INDIVIDUALLY AND AS DIRECTOR, DIV. OF MOTOR VEHICLES, AND MICHAEL HORN, INDIVIDUALLY AND AS STATE TREASURER OF NEW JERSEY, DEFENDANTS. WEST MOTOR FREIGHT, INC. AND WEST TRUCK LEASING, INC., PLAINTIFFS, v. CLIFFORD W. SNEDEKER, DIRECTOR, OF THE DIVISION OF MOTOR VEHICLES OF THE STATE OF NEW JERSEY, AND MICHAEL M. HORN, TREASURER OF THE STATE OF NEW JERSEY, AND THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division Mercer County.

Decided September 12, 1985.

Attorney(s) appearing for the Case

Arnold L. Simon for Private Truck Council of America, Inc., et al.; Jacob P. Billig and Richard A. Allen admitted pro hac vice (Billig, Sher & Jones, attorneys).

Steven G. Wolschina for West Motor Freight, Inc., et al. (Brown, Connery, Kulp, Wille, Purnell & Greene, attorneys); David H. Weinstein admitted pro hac vice (Kohn, Savett, Marion & Graf, attorneys).

Mary R. Hamill, Dep. Atty. Gen., for defendants (Irwin I. Kimmelman, Atty. Gen. of N.J., attorney).

LASSER, P.J.T.C. (temporarily assigned).

This is an action in which plaintiffs challenge the constitutionality of the Counterpart Fee Act, N.J.S.A. 39:3-6. This act imposes a retaliatory fee or tax on trucks operating in New Jersey that are registered in one of the 18 states that impose a fee or tax on New Jersey registered trucks which New Jersey does not impose. Plaintiffs allege that the act violates the Commerce Clause, Art. I, § 8, cl. 3, and the...

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