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CITY OF JERSEY CITY v. FARMER

746 A.2d 1018 (2000)

329 N.J. Super. 27

CITY OF JERSEY CITY, Plaintiff-Respondent, v. John J. FARMER, Jr., Attorney General of the State of New Jersey, and City of Newark, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided February 29, 2000.

Attorney(s) appearing for the Case

Patrick DeAlmeida, Deputy Attorney General, for defendant-appellant (John J. Farmer, Jr., Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel and Mr. DeAlmeida, on the brief).

Michelle Hollar-Gregory, Corporation Counsel for Department of Law, City of Newark, for defendant-appellant City of Newark, partially relying on the brief of appellant (Melvin Simon, Assistant Corporation Counsel on the reliance letter).

Stephen J. Edelstein, Florham Park, for plaintiff-respondent City of Jersey City (Schwartz, Simon Edelstein, Celso & Kessler, attorneys; Mr. Edelstein, of counsel and on the brief and Stefani C. Schwartz, on the brief).

Before Judges BAIME, WECKER and BILDER.

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

This appeal involves an amendment to the Local Tax Authorization Act, N.J.S.A. 40:48C-1 to -41, specifically to the provision of the Act that allows a municipality with a population of 200,000 or more to enact a local payroll tax. N.J.S.A. 40:48C-19, as amended by L. 1996, c. 33, § 2. The amendment, sometimes referred to as a grandfather clause, retroactively adds a longevity...

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