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PRIVATE TRUCK COUNCIL OF AMERICA v. STATE

111 N.J. 214 (1988)

544 A.2d 33

PRIVATE TRUCK COUNCIL OF AMERICA, INC., PPG INDUSTRIES, INC., W.H. CHRISTIE & SONS, INC., AND DENNIS TRUCKING, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS-RESPONDENTS, AND CROSS-APPELLANTS, v. STATE OF NEW JERSEY, CLIFFORD W. SNEDEKER, INDIVIDUALLY AND AS DIRECTOR, DIVISION OF MOTOR VEHICLES, AND MICHAEL HORN, INDIVIDUALLY AND AS STATE TREASURER OF NEW JERSEY, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS. WEST MOTOR FREIGHT, INC., AND WEST TRUCK LEASING, INC., FOR THEMSELVES AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS-RESPONDENTS AND CROSS-APPELLANTS, 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-APPELLANTS AND CROSS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 30, 1988.

Attorney(s) appearing for the Case

Mary R. Hamill, Deputy Attorney General, argued the cause for appellants and cross-respondents (W. Cary Edwards, Attorney General of New Jersey, attorney; Michael R. Clancy, Deputy Attorney General, of counsel).

Richard A. Allen, a member of the District of Columbia bar, argued the cause for respondents and cross-appellants Private Truck Council of America, Inc., et al. (Solomon & Simon, attorneys; Richard A. Allen and Arnold L. Simon, on the briefs).

David H. Weinstein, a member of the Pennsylvania bar, argued the cause for respondents and cross-appellants West Motor Freight, Inc., et al. (Brown & Connery, attorneys; David H. Weinstein and Steven G. Wolschina, on the briefs).

PER CURIAM.

The judgment is affirmed substantially for the reasons expressed in the opinion of the Appellate Division, reported at 221 N.J.Super. 89 (1987).

O'HERN, J., has filed a separate dissenting opinion.

O'HERN, Justice, dissenting.

Once again the Court invalidates a tax that it thinks offends the Commerce Clause. In this case it invalidates New Jersey...

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