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CITY OF EAST ORANGE v. PALMER

47 N.J. 307 (1966)

220 A.2d 679

THE CITY OF EAST ORANGE, A MUNICIPAL CORPORATION OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DWIGHT R.G. PALMER, COMMISSIONER, STATE HIGHWAY DEPARTMENT, STATE OF NEW JERSEY, JOHN A. KERVICK, TREASURER, STATE OF NEW JERSEY, AND NEW JERSEY HIGHWAY AUTHORITY, A BODY POLITIC AND CORPORATE UNDER THE STATUTES OF NEW JERSEY, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided June 9, 1966.

Attorney(s) appearing for the Case

Mr. Alan B. Handler, First Assistant Attorney General, argued the cause for defendants-appellants Dwight R.G. Palmer and John A. Kervick (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney; Mr. Handler, of counsel and on the brief).

Mr. Adrian M. Foley, Jr. argued the cause for defendant-appellant New Jersey Highway Authority (Messrs. Pindar, McElroy, Connell & Foley, attorneys; Mr. Theodore W. Geiser, of counsel; Mrs. Sonia Napolitano, on the brief).

Mr. Norman E. Scull argued the cause for plaintiff-respondent (Mr. William L. Brach, attorney; Mr. Scull, of counsel and on the brief).

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

Does liability for local property taxes remain, with respect to real estate acquired by the State of New Jersey or New Jersey Highway Authority by voluntary conveyance for public highway purposes, from the date of acquisition until the end of that tax year, despite the general tax exempt status of such property in the hands of the State or the Highway Authority?

This thorny question, with implications broader...

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