DELAWARE, LACKAWANNA AND WESTERN R.R. CO. v. NEELD


23 N.J. 561 (1957)

130 A.2d 6

THE DELAWARE, LACKAWANNA AND WESTERN RAILROAD COMPANY, PLAINTIFF-RESPONDENT, v. AARON K. NEELD, DIRECTOR, DIVISION OF TAXATION IN THE DEPARTMENT OF THE TREASURY, STATE OF NEW JERSEY, CITY OF HOBOKEN, CITY OF JERSEY CITY, CITY OF NEWARK AND TOWN OF SECAUCUS, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided March 11, 1957.


Attorney(s) appearing for the Case

Mr. John F. Crane, Deputy Attorney-General, argued the cause for the appellant Aaron K. Neeld, Director, Division of Taxation (Mr. Grover C. Richman, Jr., Attorney-General, attorney).

Mr. Herbert H. Fine argued the cause for the appellant City of Hoboken.

Mr. Leo Rosenblum argued the cause for the appellant City of Jersey City (Mr. James A. Tumulty, Jr., Corporation Counsel, attorney).

Mr. Augustus Nasmith argued the cause for respondent.

Mr. Vincent P. Torppey, Corporation Counsel, and Mr. Edward A. Smarak joined in the brief as attorneys, respectively, for the City of Newark and Town of Secaucus.

Mr. James Rosen, by leave of court, submitted a brief on behalf of the Township of Weehawken, as amicus curiae.


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

In purported compliance with the mandate of L. 1952, c. 229, N.J.S.A. 54:29A-17, the defendant Director of the State Division of Taxation, some time prior to December 10, 1955, determined the "true value" of Class II railroad property of the plaintiff Delaware, Lackawanna and Western Railroad Company situate in the cities of Hoboken, Jersey City...

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