CITY OF PASSAIC v. BOTANY MILLS


72 N.J. Super. 449 (1962)

178 A.2d 657

CITY OF PASSAIC, A MUNICIPAL CORPORATION, PETITIONER-APPELLANT, v. BOTANY MILLS, INC., RESPONDENT-RESPONDENT AND DIVISION OF TAX APPEALS, DEPARTMENT OF THE TREASURY, RESPONDENT. [1955 AND 1956 ASSESSMENTS]

Superior Court of New Jersey, Appellate Division.

Decided February 26, 1962.


Attorney(s) appearing for the Case

Mr. William N. Gurtman argued the cause for appellant (Mr. Martin Klughaupt, of counsel).

Mr. Nicholas Martini argued the cause for respondent Botany Mills, Inc.

Mr. David D. Furman, Attorney General of New Jersey, attorney for respondent Division of Tax Appeals (Mr. Alan S. Handler, Deputy Attorney General, of counsel).

Before Judges FREUND, FOLEY and SULLIVAN.


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

The City of Passaic appeals from judgments entered by the Division of Tax Appeals affirming judgments of the Passaic County Board of Taxation reducing the assessments on the personal property of Botany Mills, Inc. for the years 1955 and 1956.

The background of this appeal is as follows. The original assessment for 1955 was $2,150,000 and for 1956 was $1,450,000. The county board reduced the assessments...

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