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SECAUCUS v. HUDSON COUNTY

255 N.J. Super. 665 (1992)

605 A.2d 1151

TOWN OF SECAUCUS, PLAINTIFF-RESPONDENT, v. HUDSON COUNTY BOARD OF TAXATION, COUNTY OF HUDSON, BOROUGH OF EAST NEWARK, TOWN OF GUTTENBERG, TOWN OF HARRISON, CITY OF HOBOKEN, CITY OF JERSEY CITY, TOWN OF KEARNY, TOWNSHIP OF NORTH BERGEN, CITY OF UNION CITY, TOWNSHIP OF WEEHAWKEN AND TOWN OF WEST NEW YORK, DEFENDANTS-RESPONDENTS, AND CITY OF BAYONNE, DEFENDANT-APPELLANT. TOWN OF SECAUCUS, PLAINTIFF-RESPONDENT, v. HUDSON COUNTY BOARD OF TAXATION, DEFENDANT-APPELLANT, AND COUNTY OF HUDSON, CITY OF BAYONNE, BOROUGH OF EAST NEWARK, TOWN OF GUTTENBERG, TOWN OF HARRISON, CITY OF HOBOKEN, CITY OF JERSEY CITY, TOWN OF KEARNY, TOWN OF NORTH BERGEN, CITY OF UNION CITY, TOWN OF WEEHAWKEN AND TOWN OF WEST NEW YORK, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 21, 1992.

Attorney(s) appearing for the Case

F. Gerald Fitzpatrick, Law Director, City of Bayonne, argued the cause for appellant City of Bayonne.

Margaret A. Holland, Deputy Attorney General, argued the cause for appellant Hudson County Board of Taxation (Robert J. Del Tufo, Attorney General, attorney; Mary C. Jacobson, Deputy Attorney General, of counsel; Margaret A. Holland, on the brief).

Frances C. Holland argued the cause for respondent Town of Secaucus (Holland & Holland, attorneys; Frances C. Holland, on the brief).

Koch, Koch & Bennett, attorneys for respondent Town of Kearny (Norman A. Doyle, Jr., on the brief).

Respondents, Borough of East Newark, Town of Guttenberg, Town of Harrison, City of Hoboken, City of Jersey City, Township of North Bergen, City of Union City, Township of Weehawken and Town of West New York, relied on brief submitted by respondent Town of Secaucus.

Before Judges BRODY, MUIR, Jr. and LANDAU.

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

The main issue in these appeals, which we now consolidate, is whether N.J.S.A. 18A:54-37 (the statute) violates the New Jersey Constitution. The statute has the effect of exempting the taxpayers of only the City of Bayonne from contributing to the support of their county vocational school. The trial judge entered a summary judgment declaring that the statute violated the New Jersey Constitution's tax uniformity...

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