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BOR. OF WOODSTOWN v. TP. OF LOW. ALLOWAYS CREEK

124 N.J. Super. 347 (1973)

307 A.2d 107

BOROUGH OF WOODSTOWN AND TOWNSHIP OF PILESGROVE, PETITIONERS-APPELLANTS, v. TOWNSHIP OF LOWER ALLOWAYS CREEK AND PUBLIC SERVICE ELECTRIC AND GAS COMPANY, RESPONDENTS. CITY OF SALEM, TOWNSHIPS OF ALLOWAY AND PITTSGROVE, PETITIONERS-APPELLANTS, v. TOWNSHIP OF LOWER ALLOWAYS CREEK AND PUBLIC SERVICE ELECTRIC AND GAS COMPANY, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 29, 1973.

Attorney(s) appearing for the Case

Mr. George S. Friedman argued the cause for appellant City of Salem and Townships of Alloway and Pittsgrove.

Mr. Oakford W. Acton, Jr. argued the cause for appellants Borough of Woodstown and Township of Pilesgrove.

Mr. William C. Horner, attorney for respondent Lower Alloways Creek Township, submitted a Statement in lieu of brief.

Mr. Howard T. Rosen argued the cause for respondent Public Service (Messrs. Rosen and Weiss, attorneys; Mr. Walter G. Reinhard, on the brief).

Before Judges FRITZ, LYNCH and TRAUTWEIN.

The opinion of the court was delivered by LYNCH, J.A.D.

This is an appeal from a decision of the Division of Tax Appeals (Division) which held that an action by a county board of taxation, acting in its "equalization" capacity pursuant to N.J.S.A. 54:3-17 to 19, and purporting to fix the assessment of an individual parcel of real property, did amount to such an "assessment" within the meaning of the statutes governing taxation of such property, and that such...

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