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Hackensack Water Co. v. State Board of Tax Appeals

Decided: February 18, 1943.

HACKENSACK WATER COMPANY, PROSECUTOR,
v.
STATE BOARD OF TAX APPEALS AND TOWNSHIP OF NORTH BERGEN IN THE COUNTY OF HUDSON, A MUNICIPAL CORPORATION, RESPONDENTS; TOWNSHIP OF NORTH BERGEN IN THE COUNTY OF HUDSON, A MUNICIPAL CORPORATION, PROSECUTOR, V. STATE BOARD OF TAX APPEALS AND THE HACKENSACK WATER COMPANY, RESPONDENTS



On certiorari.

For Hackensack Water Company, Milton, McNulty & Augelli (Joseph Keane, of counsel).

For Township of North Bergen in the County of Hudson, Nicholas S. Schloeder.

Before Justices Case, Donges and Colie.

Colie

The opinion of the court was delivered by

COLIE, J. Certiorari was granted Hackensack Water Company to review a judgment of the State Board of Tax Appeals fixing the amount of its assessment on personal property within the Township of North Bergen for the year 1940 at

$1,300,000. The Township of North Bergen applied for and was allowed a writ to review the same assessment. The Water Company asserts that the assessment of $1,300,000 is above the true value of its property, subject to taxation in that municipality. On the other hand, the Township feels that the State Board erred in not sustaining an assessment of $1,500,000 made by the local assessor. By stipulation it was agreed that but one return to both writs be used, since the same questions are involved and the determination of the questions are based upon the same record.

Hackensack Water Company has been in existence for more than 60 years. Its business is furnishing water to certain municipalities in Hudson County, among which is the Township of North Bergen. Its tax assessments by the Township for the years 1929 through 1940 are tabulated below:

1929 $970,800

1930 1,000,000

1931 1,000,000

1932 ...


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