IN RE COMPLAINTS AND APPEALS OF ERIE RAILROAD SYSTEM


19 N.J. 110 (1955)

115 A.2d 89

IN THE MATTER OF THE COMPLAINTS AND APPEALS OF ERIE RAILROAD SYSTEM, CITY OF HOBOKEN AND TOWNSHIP OF WEEHAWKEN FROM VARIOUS ASSESSMENTS LEVIED BY THE DIRECTOR OF THE DIVISION OF TAXATION FOR THE YEARS 1950 TO 1953, INCLUSIVE, ON CLASS II LANDS OWNED BY ERIE RAILROAD SYSTEM AND LOCATED IN THE CITY OF HOBOKEN AND THE TOWNSHIP OF WEEHAWKEN. ERIE RAILROAD COMPANY, A CORPORATION, PLAINTIFF-APPELLANT, v. CITY OF HOBOKEN AND TOWNSHIP OF WEEHAWKEN, MUNICIPAL CORPORATIONS, AND DIRECTOR, DIVISION OF TAXATION AND DIVISION OF TAX APPEALS, DEPARTMENT OF THE TREASURY, RESPONDENTS-RESPONDENTS (FOUR APPEALS). CITY OF HOBOKEN, A MUNICIPAL CORPORATION, PLAINTIFF-RESPONDENT, v. ERIE RAILROAD COMPANY, A CORPORATION, RESPONDENT-APPELLANT, AND DIRECTOR, DIVISION OF TAXATION AND DIVISION OF TAX APPEALS, DEPARTMENT OF THE TREASURY, RESPONDENTS (THREE APPEALS). TOWNSHIP OF WEEHAWKEN, A MUNICIPAL CORPORATION, PLAINTIFF-RESPONDENT, v. ERIE RAILROAD COMPANY, A CORPORATION, RESPONDENT-APPELLANT, AND DIRECTOR, DIVISION OF TAXATION AND DIVISION OF TAX APPEALS, DEPARTMENT OF THE TREASURY, RESPONDENTS. TOWNSHIP OF WEEHAWKEN, A MUNICIPAL CORPORATION, PLAINTIFF-APPELLANT, v. ERIE RAILROAD COMPANY, A CORPORATION, AND DIRECTOR, DIVISION OF TAXATION AND DIVISION OF TAX APPEALS, DEPARTMENT OF THE TREASURY, RESPONDENTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 20, 1955.


Attorney(s) appearing for the Case

Mr. Raymond J. Lamb argued the consolidated causes for the Erie Railroad Company (Messrs. Emory, Langan & Lamb, attorneys).

Mr. James Rosen argued the consolidated causes for the City of Hoboken and the Township of Weehawken (Messrs. Milmed & Rosen, attorneys for Township of Weehawken, Mr. Herbert H. Fine, attorney for City of Hoboken).


The opinion of the court was delivered by BURLING, J.

These consolidated appeals from the Division of Tax Appeals in the Department of the Treasury, State of New Jersey (hereinafter called the Division) involve assessments of lands classified in the category of Class II railroad property. See N.J.S.A. 54:29A-17. The assessments on Class II buildings and other improvements are not involved herein. One of the appeals was taken by the Township of Weehawken...

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