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JERSEY CITY v. ARMED REALTY CORP.

45 N.J. Super. 49 (1957)

131 A.2d 549

CITY OF JERSEY CITY, A MUNICIPAL CORPORATION, PETITIONER-APPELLANT, v. ARMED REALTY CORPORATION AND PENNSYLVANIA RAILROAD COMPANY, LESSEE OF UNITED NEW JERSEY RAILROAD & CANAL COMPANY, RESPONDENTS-RESPONDENTS, AND DIVISION OF TAX APPEALS, DEPARTMENT OF THE TREASURY, STATE OF NEW JERSEY, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 25, 1957.

Attorney(s) appearing for the Case

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

Mr. George J. Baumann argued the cause for respondent-respondent Armed Realty Corporation (Messrs. Wolf & Baumann, attorneys).

Mr. John F. Lynch argued the cause for respondent-respondent The Pennsylvania Railroad Company (Messrs. O'Mara, Schumann, Davis & Lynch, attorneys).

Before Judges CLAPP, JAYNE and FRANCIS.

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

The Hudson County Board of Taxation and the Division of Tax Appeals concurred in a holding that certain land owned by respondent Pennsylvania Railroad Company was in use for railroad purposes and therefore not subject to local assessment by appellant Jersey City. Consequently, the assessments for the years 1952, 1953 and 1954 were vacated. The city now challenges the legal propriety of the action on this appeal...

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