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CONTINENTAL TRAILWAYS v. DIRECTOR, DIV. OF MOTOR

102 N.J. 526 (1986)

509 A.2d 769

CONTINENTAL TRAILWAYS, INC., INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE, PLAINTIFF-RESPONDENT, v. DIRECTOR, DIVISION OF MOTOR VEHICLES, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided May 27, 1986.

Attorney(s) appearing for the Case

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

Joseph T. Wilkins argued the cause for respondent.

The opinion of the Court was delivered by GARIBALDI, J.

The primary issue in this case is whether the autobus excise tax imposed under N.J.S.A. 48:4-20 discriminates against interstate commerce in violation of the commerce clause of the United States Constitution, U.S. Const. art. 1, § 8, cl. 3. If the excise tax is unconstitutional, a secondary issue arises as to whether the plaintiff-respondent, Continental...

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