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Tri-Terminal Corp. v. Borough of Edgewater

Decided: October 20, 1975.

TRI-TERMINAL CORPORATION, PETITIONER-APPELLANT,
v.
BOROUGH OF EDGEWATER, RESPONDENT-RESPONDENT



For affirmance -- Chief Justice Hughes, Justices Mountain, Sullivan, Pashman, Clifford and Schreiber and Judge Conford. For reversal -- None. The opinion of the Court was delivered by Conford, P.J.A.D., Temporarily Assigned.

Conford

[68 NJ Page 406] These are tax cases involving real property of an industrial nature and concern assessments for the tax years 1971 and 1972. As narrowed on the presentation to this Court, the issue of excessiveness of the assessments above true value is not raised, but only alleged discrimination by the assessor in valuing these parcels for assessment purposes. The prime question before us is whether the discrimination remedy sanctioned by this Court in In re Appeal of Kents 2124

Atlantic Ave., Inc., 34 N.J. 21 (1961), is appropriate where a municipality has adopted a practice of regular periodic revaluations for assessments.

Two improved parcels of property are involved. They may be referred to as the Alcoa tract and the Ford tract. The details of the physical status of the properties are not material to the single issue presented. The Alcoa tract assessments for both years (assessing dates being, respectively, October 1, 1970 and October 1, 1971) were:

Land $213,900

Improvements 2,613,600

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Total $2,927,500

The Ford tract assessments for those years were:

Land $1,249,000

Improvements 3,669,400

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