GENERAL MOTORS CORP. v. CITY OF LINDEN


143 N.J. 336 (1996)

671 A.2d 560

GENERAL MOTORS CORP., PLAINTIFF-RESPONDENT, v. CITY OF LINDEN AND THE ASSESSOR OF LINDEN, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS, AND RICHARD CHAIKEN, AGENT, SERVANT OR EMPLOYEE OF THE CITY OF LINDEN, DEFENDANT-RESPONDENT AND CROSS-APPELLANT.

The Supreme Court of New Jersey.

Decided February 29, 1996.


Attorney(s) appearing for the Case

Donald P. Jacobs argued the cause for appellants and cross-respondents, City of Linden and the Assessor of Linden (Budd Larner Gross Rosenbaum Greenberg & Sade, attorneys; Mr. Jacobs and Carl Greenberg, on the briefs).

Michael H. Cohen argued the cause for respondent and cross-appellant (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys; Mr. Cohen and Meredith Kaplan Stoma, on the briefs).

Kenneth S. Geller, a member of the District of Columbia bar, argued the cause for respondent (Garippa & Davenport, attorneys; Howard Friedlaender, a member of the Michigan bar, of counsel; John E. Garippa and Philip J. Giannuario, on the brief).

John R. Lloyd argued the cause for amicus curiae Association of Municipal Assessors of New Jersey (Rosenblum Wolf & Lloyd, attorneys).

Julian F. Gorelli, Deputy Attorney General, argued the cause for amicus curiae Director, Division of Taxation (Deborah T. Poritz, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel).


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

The dispositive issue is whether General Motors Corporation (GM) may maintain an action under 42 U.S.C.A. § 1983 (section 1983)1 against defendants: City of Linden; Emanuel Frangella, Linden's tax assessor; and Richard Chaiken, a property appraiser retained by Frangella. Essentially, GM claims that defendants discriminated against it by assessing GM's automobile assembly...

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