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Simmons Co. v. City of Linden

Decided: June 27, 1983.

SIMMONS COMPANY, PLAINTIFF-RESPONDENT,
v.
CITY OF LINDEN, DEFENDANT-APPELLANT



On appeal from the Tax Court of New Jersey.

Milmed, Morton I. Greenberg and Furman.

Per Curiam

[190 NJSuper Page 448] The City of Linden ("City") appeals from a judgment of the Tax Court concerning local property assessments for the years 1977 and 1978 on certain real property of respondent Simmons Company ("Simmons").

The property, consisting of some 39 1/2 acres of land designated as Block 513, lots 4-1 and 4-2 and Block 514, lot 13-1, with improvements comprising respondent's mattress manufacturing center, a complex of 33 industrial buildings, "is bounded on the north by Route 278, on the east by Allen St., on the south by the Staten Island Railroad [right of way], and on the west by Park Ave., with Brunswick Ave. passing through the site in a more or less east-west line." There is also "a railroad spur [right of way] to the south connecting with the Central Railroad main stem." The buildings were constructed over the period from the early 1900's to the late 1960's and have an aggregate building area of 926,300 square feet. About 84% of the improved area is first floor space, 12% second floor space, and the remaining 4% third floor space.

The property has been used by Simmons for its mattress manufacturing business since approximately 1917, with an interruption "during World War II for the manufacture of parachutes." For each of the tax years under review, i.e., 1977 and 1978, the City assessed the property at the following values:

Block 513, Lot 4-1 Block 513, Lot 4-2 Block 514, Lot 13-1

Land $80,000 $2,093,600 $1,040,000

Improvements -0- 4,409,800 2,230,200

-------- ----------- ----------

Total $80,000 $6,503,400 $3,270,200

On the taxpayer's appeals, these assessments were initially reviewed and sustained by the Union County Board of Taxation. The judgments of the County Board for the two years were appealed by Simmons to the Division of Tax Appeals, now the Tax Court.

The appeals were heard in the Tax Court. The proofs consisted of the testimony of two experts, Anthony J. Rinaldi for plaintiff-taxpayer and Richard M. Chaiken for the City of Linden, the written appraisal of each expert which was admitted in ...


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