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Chevron U.S.A. Inc. v. City of Perth Amboy

December 1, 1989

CHEVRON U.S.A., INC., PLAINTIFF-RESPONDENT,
v.
CITY OF PERTH AMBOY, DEFENDANT-APPELLANT



On appeal from Final Judgment of the Tax Court of New Jersey, which is reported at 10 N.J. Tax. 114 (1988).

Coleman, Brody and Muir.

Per Curiam

The City of Perth Amboy appeals from a judgment of the Tax Court. The Tax Court judge framed the issue of the case as whether the real property at plaintiff's refinery in Perth Amboy was, pursuant to N.J.S.A. 54:4-23, properly assessed for local tax purposes for the tax years of 1984 and 1985, and, if not, what the appropriate assessments should be. The judge concluded the City had over-assessed the real property. He set the assessable values, in the aggregate, as:

1984 1985

Land $3,426,000 Land $2,964,300

Improvement 54,191,000 Improvement 45,189,400

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

Total $57,617,000 Total $48,153,700

The City, on this appeal, argues:

POINT I: CHEVRON FAILED TO DISCHARGE ITS BURDEN OF PROOF TO ESTABLISH BY COMPETENT, DEFINITE AND POSITIVE TESTIMONY

THAT ITS REFINERY COULD ONLY PRODUCE ASPHALT IN THE FUTURE. AS A RESULT, VALUATIONS BASED UPON THIS CONCEPT ARE ERRONEOUS AND SHOULD BE SET ASIDE.

POINT II: CHEVRON'S EXPERT APPRAISER ERRONEOUSLY VALUED A GREAT PART OF THE REFINERY'S IMPROVEMENTS BY UNORTHODOX AND UNACCEPTABLE PROCEDURES AND HIS RESULTING VALUATIONS ...


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