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CONTINENTAL TRAILWAYS, INC. v. DIRECTOR, DIV. OF M.V.

201 N.J. Super. 71 (1985)

492 A.2d 1016

CONTINENTAL TRAILWAYS, INC., PLAINTIFF-RESPONDENT-CROSS-APPELLANT, v. DIRECTOR, DIVISION OF MOTOR VEHICLES, DEFENDANT-APPELLANT-CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 2, 1985.

Attorney(s) appearing for the Case

Martin L. Wheelwright, Deputy Attorney General, argued the cause for appellant-cross-respondent (Irwin I. Kimmelman, Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel).

Joseph T. Wilkins, argued the cause for respondent, cross-appellant.

Before Judges MATTHEWS, FURMAN and COHEN.

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

The State appeals from a judgment of the Tax Court reported at 6 N.J.Tax 42 (1983), which struck down as unconstitutional the bus excise tax imposed by N.J.S.A. 48:4-20, as amended by L. 1972, c. 211. In a comprehensive opinion Judge Rimm concluded that the tax unconstitutionally burdens interstate commerce

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