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HARTZ MT. INDUSTRIES v. JERSEY CITY

22 N.J. Tax 634 (2005)

HARTZ MOUNTAIN INDUSTRIES, PLAINTIFF-APPELLANT, v. CITY OF JERSEY CITY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 20, 2005.

Attorney(s) appearing for the Case

Susan A. Feeney, argued the cause for appellant (McCarter & English, attorneys; Ms. Feeney, of counsel; Ms. Feeney and Michael A. Paff, on the brief).

Larry L. Bembry, Assistant Corporation Counsel, argued the cause for respondent (William C. Matsikoudis, Corporation Counsel, attorney; Mr. Bembry, on the brief).

Before Judges NEWMAN, AXELRAD and BILDER.

PER CURIAM.

Plaintiff Hartz Mountain Industries (taxpayer) appeals from the Tax Court's grant of summary judgment to defendant City of Jersey City (municipality), affirming the taxation of air space rights purchased by the taxpayer over a rail station in the municipality for the 2002 tax year. By bargain and sale deed recorded on or about April 9, 1990, the taxpayer purchased from Port Authority Trans-Hudson Corporation (PATH) all of its interest in the airspace rights...

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