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ALLEGHENY AIRLINES, INC. v. SILLS

110 N.J. Super. 54 (1970)

264 A.2d 268

ALLEGHENY AIRLINES, INC., AMERICAN AIRLINES, INC., BRANIFF INTERNATIONAL, DELTA AIR LINES, INC., EASTERN AIRLINES, INC., THE FLYING TIGER LINE, INC., MOHAWK AIRLINES, INC., NATIONAL AIRLINES, INC., NEW YORK AIRWAYS, INC., NORTHEAST AIRLINES, INC., NORTHWEST AIRLINES, INC., PAN AMERICAN WORLD AIRWAYS, INC., PIEDMONT AIRLINES, TRANS CARIBBEAN AIRWAYS, INC., TRANS WORLD AIRLINES, INC., UNITED AIR LINES, INC., PLAINTIFFS, v. ARTHUR J. SILLS, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, AND SIDNEY GLASER, ACTING DIRECTOR OF THE DIVISION OF TAXATION OF THE STATE OF NEW JERSEY, DEFENDANTS. CITY OF NEWARK AND CITY OF ELIZABETH, INTERVENOR-DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided April 21, 1970.

Attorney(s) appearing for the Case

Mr. Walter F. Waldau for plaintiffs (Mr. Rexford L. Lyon on the brief; Messrs. Stryker, Tams & Dill, attorneys — Mr. Roger D. Chittum, District of Columbia Bar, of counsel [Messrs. Cleary, Gottlieb, Steen & Hamilton]).

Mr. Elias Abelson and Mr. Alan B. Rothstein, Assistant Attorneys General, for defendants.

Mr. Anthony J. Iuliani for intervenor City of Newark (Mr. Sam Weiss on the brief).

Mr. Frank P. Trocino for intervenor City of Elizabeth.

HERBERT, J.S.C.

Plaintiffs assert that Chapter 200 of the Laws of 1969 is unconstitutional. It provides for a "service charge" to be paid for each passenger who departs from a publicly-supported airport located within a municipality or municipalities having a population of 100,000 or more. Newark Airport, consisting of approximately 2,300 acres located partly in the City of Newark and partly in the City of Elizabeth, is the only airport in New Jersey to which...

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