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SECAUCUS v. HUDSON CTY. BD. OF TAXATION

133 N.J. 482 (1993)

628 A.2d 288

TOWN OF SECAUCUS, PLAINTIFF-RESPONDENT, v. HUDSON COUNTY BOARD OF TAXATION AND CITY OF BAYONNE, DEFENDANTS-APPELLANTS, AND COUNTY OF HUDSON, BOROUGH OF EAST NEWARK, TOWN OF GUTTENBERG, TOWN OF HARRISON, CITY OF HOBOKEN, CITY OF JERSEY CITY, TOWN OF KEARNY, TOWNSHIP OF NORTH BERGEN, CITY OF UNION CITY, TOWNSHIP OF WEEHAWKEN AND TOWN OF WEST NEW YORK, DEFENDANTS.

The Supreme Court of New Jersey.

Decided August 4, 1993.

Attorney(s) appearing for the Case

Margaret A. Holland, Deputy Attorney General, argued the cause for appellant Hudson County Board of Taxation (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, and Mary C. Jacobson, Deputy Attorney General, of counsel).

Eric Martin Bernstein argued the cause of appellant City of Bayonne (Weiner & Lesniak, attorneys; Mr. Bernstein, Beth Jaffe, and Nicholas A. Panepinto, of counsel).

Frances C. Holland argued the cause for respondent (Holland & Holland, attorneys).

The opinion of the Court was delivered by HANDLER, J.

This case asks the Court to resolve the question whether a statute enacted under the education laws that exempts the City of Bayonne from paying its share of taxes committed to the operation of the Hudson County Vocational School violates the State Constitution. In implementing the tax exemption, Hudson County established a two-tier tax system under which Bayonne paid a county tax rate lower than that of all other...

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