Cent. R. Co. of N.J. v. State Bd. of Tax Appeals, 265.
Citation | 162 A. 889 |
Decision Date | 19 October 1932 |
Docket Number | No. 265.,265. |
Parties | CENTRAL R. CO. OF NEW JERSEY v. STATE BOARD OF TAX APPEALS et al. |
Court | United States State Supreme Court (New Jersey) |
Certiorari prosecuted by the Central Railroad Company of New Jersey to review a judgment of the State Board of Tax Appeals dismissing a complaint by prosecutor against certain valuations.
Writ dismissed.
Argued May term, 1932, before GUMMERE, C. J., and BODINE and DONGES, JJ.
Robert J. Bain and Edward A. Markley, both of Jersey City, and A. H. Elder, of New York City, for prosecutor.
William A. Stevens, Atty. Gen., and Theodore Backes and John Solan, both of Trenton, for defendants.
This writ brings up for review a judgment of the state board of tax appeals dismissing prosecutor's complaint against certain valuations and assessments and seeking correction of same, because the average rate of taxation for the year 1931 of prosecutor's property in the state of New Jersey used for railroad purposes is thereby higher than it should be.
In its brief, prosecutor stated its complaint as follows:
It appears that the complaint of the prosecutor is based upon the claim that its tax is excessive because the average rate is based upon a valuation of local property far below its true value.
The state board of tax appeals concluded that it was without power to grant the relief sought by prosecutor.
By chapter 67 of the Laws of 1905 (P. L. 1905, p. 123 [4 Comp. St. 1910, p. 5110, § 37a et seq.]), there was created the board of equalization of taxes of New Jersey. By chapter 244 of the Laws of 1915 (P. L. 1915, p. 438, Comp. St. Supp. § 208—37a(13) et seq.), there was established, by consolidation of the state board of assessors and the board of equalization of taxes of New Jersey, the state board of taxes and assessment, with all of the duties and powers of both of the other boards, both administrative and appellate.
By chapter 100 of the Laws of 1931 (P. L. 1931, p. 166, Comp. St Supp. §§ 208—66d (705), 208—66d(706), there was established the "State Board of Tax Appeals," and it was provided that "Said board shall do and perform all acts now required by any law to be done and performed by the State Board of Taxes and Assessment relative to the hearing and determination of tax appeals." All tax appeals pending and all tax appeals thereafter arising are to be determined by the Board of Tax Appeals.
By chapter 336 of the Laws of 1931 (P. L. 1931, p. 832, Comp. St. Supp. § 208—37a (20), there was established a "State Tax Department" and it was provided: "Said department shall succeed to and exercise exclusively all the powers and perform all the duties...
To continue reading
Request your trial-
Application of State of New Jersey
...No. 8861 is therefore dismissed, without costs to either party as against the other. 1 See Central Railroad Company of New Jersey v. State Board of Tax Appeals, Sup. 1932, 109 N.J.L. 395, 162 A. 889; Central Railroad Company of New Jersey v. State Tax Department, Err. & App.1933, 112 N. J.L......
-
Central R. Co. of New Jersey v. Martin
...disappointed by one Supreme Court justice. In similar litigation (subsequently reported, Central R. of New Jersey v. State Board of Tax Appeals, reported in 109 N. J. Law, 395, 162 A. 889) Mr. Justice Trenchard allowed the writ of certiorari upon conditions. He "I allow this writ. Let it be......
-
Cent. R. Co. of N.J. v. State Tax Dep't
...Tax Department and others to review a tax levy by the State Board of Taxes and Assessments. From a judgment dismissing the writ (109 N. J. Law, 395, 162 A. 889), prosecutor Affirmed. Collins & Corbin, of Jersey City, for appellant. William A. Stevens, Atty. Gen., for respondents. PERSKIE, J......
-
Phillips v. Interstate Hosiery Mills, Inc.
... ... The petition for an inspection should, amongst other things, state such facts and circumstances from which the court can, ... 162 A. 887 ... ...