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MILMAR ESTATE, INC. v. BOROUGH OF FORT LEE

36 N.J. Super. 241 (1955)

115 A.2d 592

MILMAR ESTATE, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. BOROUGH OF FORT LEE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 29, 1955.

Attorney(s) appearing for the Case

Mr. Walter G. Winne argued the cause for plaintiff-respondent (Messrs. Winne & Banta, attorneys).

Mr. William V. Breslin argued the cause for defendant-appellant.

Before Judges CLAPP, JAYNE and FRANCIS.

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

The principal issue here is whether certain land of the plaintiff can be subjected by the defendant to local property taxes for 1954, even though the taxes were not assessed by the defendant until after the State of New Jersey, through the State Highway Commissioner, had taken possession of the land under condemnation proceedings.

The Highway Commissioner filed his petition instituting the condemnation...

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