CITY OF PASSAIC v. PASSAIC PIONEER PROPERTIES CO.


61 N.J. Super. 145 (1960)

160 A.2d 305

CITY OF PASSAIC, A MUNICIPAL CORPORATION, PETITIONER-APPELLANT, v. PASSAIC PIONEER PROPERTIES CO., RESPONDENT, AND DIVISION OF TAX APPEALS, DEPARTMENT OF THE TREASURY, RESPONDENT. CITY OF PASSAIC, A MUNICIPAL CORPORATION, PETITIONER-APPELLANT, v. GERA MILLS, GERA CORPORATION AND PASSAIC INDUSTRIAL CENTER, INC., RESPONDENTS-RESPONDENTS, AND DIVISION OF TAX APPEALS, DEPARTMENT OF THE TREASURY, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 25, 1960.


Attorney(s) appearing for the Case

Mr. Murry Brochin, Deputy Attorney General, for the motion (Mr. David D. Furman, Attorney General, attorney).

Mr. William N. Gurtman, attorney for City of Passaic, contra.

Before Judges GOLDMANN, FREUND and HANEMAN.


GOLDMANN, S.J.A.D.

The Attorney General moves for the issuance of a writ of execution against the City of Passaic for the collection of costs in the above appeals. The city resists the motion on two grounds: (1) because the Attorney General's participation in the appeals was based on the general public interest, and it is the policy of our law not to impose the costs of such participation upon any individual litigant, but rather on the public at large by legislative...

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