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Van Realty Inc. v. City of Passaic

Decided: December 14, 1971.

VAN REALTY, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PETITIONER-APPELLANT,
v.
CITY OF PASSAIC, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, RESPONDENT, AND DIVISION OF TAX APPEALS, DEPARTMENT OF TREASURY, STATE OF NEW JERSEY, RESPONDENT



Collester, Mintz and Lynch. The opinion of the court was delivered by Lynch, J.A.D.

Lynch

These are two appeals, submitted together, from judgments of the Division of Tax Appeals concerning assessments for the year 1969 on two separate properties owned by the taxpayer Van Realty, Inc. (Van).*fn1

Docket A-1329-70 concerns the land and a 35-family "coldwater" tenement located at 89-91-93 Fourth Street, Passaic, New Jersey (Fourth St. property). Docket A-1328-70 involves the land and three buildings (two 2-family and a 5-family tenement) located at 49-51 Quincy Street, Passaic (Quincy St. property).

In each case the Division of Tax Appeals affirmed the county board assessment of the respective properties as follows:

Land Bldg. Total

Fourth St. Property $8,050 $87,950 $96,000

Quincy St. property 5,900 27,200 33,100

In each case the Division applied the 85% ratio to true value which is concededly applicable in Passaic. Van appeals from the judgment in both cases.

In each case the only witnesses were Theodore A. Lobsenz, a real estate broker and attorney for Van, and Albert Galik, a broker, and also the city assessor for Passaic.

Van's first argument is the same on both appeals: "The Division erred in not giving full weight to the testimony of the taxpayer's expert; * * *." Appellant's burden here is a heavy one.

Ordinarily, the weight to be accorded expert testimony is a matter left to the reasonable judgment of the Division and its conclusions as to valuation will not be disturbed when found to be supported by substantial evidence. [ In re Appeal of the City of East Orange , 103 N.J. Super. 109, 113 (App. Div. 1968)]

The weight to be accorded the respective experts for the taxpayer and the city is clearly for the ...


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