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Tax Investment Corp. v. Hunziker

New Jersey Supreme Court


Decided: May 17, 1941.

THE TAX INVESTMENT CORPORATION OF NEW JERSEY, PROSECUTOR,
v.
WALTER J. HUNZIKER, COLLECTOR OF THE CITY OF PATERSON, RESPONDENTS

On application for certiorari after rule to show cause and subsequent discharge thereof by Mr. Justice Heher, who filed the following memorandum:

For the prosecutor, I. Irving Wittes.

For the respondents Hunziker and City of Paterson, John F. Evans.

For the respondents Ehren Realty Company et al., Emanuel Ehrenkranz.

Before Justices Parker, Donges and Colie.

Per Curiam.

[126 NJL Page 414]

We concur in the result reached by Mr. Justice Heher on the original application to him, and in the main for the reasons given in his memorandum, printed above. It is stated in the brief for prosecutor that he was mistaken in saying that six hundred properties were sold, and that in fact less than half that number were actually sold. Be this as it may, the reasoning of his opinion is not affected.

Our own examination of the matter satisfies us, first, that substantial injury to prosecutor has not been shown: second, that certain personal memoranda of witnesses offered in evidence were clearly incompetent: third, that prosecutor has not sustained the burden of proof: fourth, that, as stated in the memorandum, adequate remedial measures are available: and fifth, that in any event no material loss to the city is at all probable.

Allocatur is therefore denied.

19410517


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