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City of Passaic v. Passaic Industrial Center Inc.

Decided: January 22, 1960.

CITY OF PASSAIC, A MUNICIPAL CORPORATION, PETITIONER-APPELLANT,
v.
PASSAIC INDUSTRIAL CENTER, INC., RESPONDENT-RESPONDENT, AND DIVISION OF TAX APPEALS, DEPARTMENT OF THE TREASURY, RESPONDENT



Goldmann, Conford and Haneman. The opinion of the court was delivered by Goldmann, S.j.a.d.

Goldmann

The City of Passaic appeals from the entry of summary judgment by the Division of Tax Appeals affirming the assessment of $1,022,460 (being $90,720 on land and $931,740 on improvements), as reduced by the Passaic County Board of Taxation from $1,291,900, the assessment levied on the real property of Passaic Industrial Center, Inc. for the year 1958, and dismissing the city's appeal from the county tax board's determination. The Division took such action on motion of the taxpayer for entry of judgment under N.J.S.A. 54:2-43 to conform to the judgment entered by the Division for the year 1957, without hearing evidence as to the value of the property.

The history of Passaic's revaluation in 1953 of all taxable real property within the city, as a basis for assessing such property for local tax purposes, and of the assessment of respondent company's property in the years 1954 through 1957, is set out in our opinion in Passaic v. Gera Mills , 55 N.J. Super. 73, determined April 2, 1959. In brief, pursuant to that revaluation Passaic had assessed the company's property for 1954 and succeeding years by applying a common ratio of 40%. The taxpayer appealed the assessments for 1954, 1956, 1957 and 1958 to the Passaic County Board of Taxation. Neither Passaic nor the taxpayer appealed the 1955 assessment. The county board, in the regular

course of the annual appeals, reduced the assessments for the respective years involved. Passaic thereupon appealed these reductions to the State Division. A Division Panel held hearings on March 31 and April 1, 1958, receiving separate proofs as to 1954, 1956 and 1957. The Panel filed its report covering the several appeals on September 18, 1958. Thereafter, on October 1, 1958, the Division entered separate judgments for each of the tax years involved. It considered but denied relief with respect to the city's application for an adjudication of the 1955 assessment.

Passaic then appealed the Division judgments to this court, which affirmed. 55 N.J. Super. 73, above. The Supreme Court denied certification on June 17, 1959. Passaic v. Gera Mills , 30 N.J. 153.

On April 9, 1959 the taxpayer, as noted above, applied to the State Division for the entry of summary judgment adjudicating the assessment for 1958 on the basis of the Division judgment for 1957, under the so-called "freeze" provisions of N.J.S.A. 54:2-43, quoted below. The application was granted and the judgment under appeal entered July 1, 1959.

The following is a recapitulation of the assessment history of respondent taxpayer's property:

Local Assessment 1954 1956 & 1957 1958

Land $93,000 $93,000 $93,000

Improvements 1,214,100 1,194,100 1,198,900

County Board

Land 65,858 65,858 ...


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