Hackensack Water Co. v. State Bd. Of Tax Appeals Twp. Of North Bergen In Hudson County
| Decision Date | 18 February 1943 |
| Docket Number | Nos. 214, 220.,s. 214, 220. |
| Parties | HACKENSACK WATER CO. v. STATE BOARD OF TAX APPEALS et al. TOWNSHIP OF NORTH BERGEN IN HUDSON COUNTY v. SAME. |
| Court | New Jersey Supreme Court |
OPINION TEXT STARTS HERE
Certiorari proceedings by Hackensack Water Company against State Board of Tax Appeals and another and by Township of North Bergen in the County of Hudson, a municipal corporation, against State Board of Tax Appeals and another to review a judgment of the State Board of Tax Appeals fixing the amount of the Hackensack Water Company's assessment on personal property within the Township of North Bergen for the year 1940 at $1,300,000.
Assessment affirmed to the extent of $940,000 and as to the excess over that amount reversed.
October term, 1942, before CASE, DONGES, and COLIE, JJ.
Milton, McNulty & Augelli, of Jersey City (Joseph Keane, of Jersey City, of counsel), for Hackensack Water Co.
Nicholas S. Schloeder, of Union City, for township of North Bergen in Hudson County.
Certiorari was granted Hackensack Water Company to review a judgment of the State Board of Tax Appeals fixing the amount of its assessment on personal property within the Township of North Bergen for the year 1940 at $1,300,000. The Township of North Bergen applied for and was allowed a writ to review the same assessment. The Water Company asserts that the assessment of $1,300,000 is above the true value of its property, subject to taxation in that municipality. On the other hand, the Township feels that the State Board erred in not sustaining an assessment of $1,500,000 made by the local assessor. By stipulation it was agreed that but one return to both writs be used, since the same questions are involved and the determination of the questions are based upon the same record.
Hackensack Water Company has been in existence for more than 60 years. Its business is furnishing water to certain municipalities in Hudson County, among which is the Township of North Bergen. Its tax assessments by the Township for the years 1929 through 1940 are tabulated below:
1929 $970,800.00
1930 1,000,000.00
1931 1,000,000.00
1932 1,050,000.00
1933 1,050,000.00
1934 1,050,000.00
1935 1,050,000.00
1936 1,050,000.00
1937 1,050,000.00
1938 1,500,000.00
1939 1,500,000.00
The Township in 1938 and 1939 sought to raise the assessment from $1,050,000 to $1,500,000 but these assessments were reduced to $1,050,000 by the State Board of Tax Appeals. See Hackensack Water Co. v. North Bergen Township, 15 A.2d 899, 18 N.J.Misc. 627. Thus it will be seen that from 1932 through 1939 the company was taxed on a valuation of $1,050,000. Despite the reduction in the 1938 and 1939 taxes amounting to $450,000 the local authorities saw fit to fix the assessment for 1940, the year under review, at 1,500,000.
In a proceeding of this nature, the duty of the Supreme Court is to review the evidence and render such decision as it deems proper in light of that evidence, but it is also settled that this court will not disturb the judgment of the State Board of Tax Appeals unless the evidence is persuasive that the board erred.
The principal witness for the Water Company was Emile J. Fricker, a Vice-President of the Hackensack Water Company, who had been in the business about 34 years, during which he had been associated with several outstanding and well-known figures in the same field and had supervised the construction of additions to the system of the Hackensack Water Company and was thoroughly familiar with the physical plan in its many ramifications. In addition to that knowledge, he was thoroughly familiar with the prices paid for the piping and other materials used by the company. He testified that in his opinion, the value of the Water Company on October 1, 1939, the assessing date, was $930,000; that in arriving at that figure he took into consideration reproduction costs, original or book cost, the fact that the property was part of a general system and a going concern and that in his opinion that would be a fair price between a willing buyer and a willing seller on that date. He also testified that there had been no substantial change in the condition, quantity, nature or location of the property from October 1, 1937, to October 1, 1939. His testimony as to the true value of the property did not include the pumping station, further reference to which will be made hereafter. As to Mr. Fricker's qualifications, the State Board of Tax Appeals in the proceedings before it with reference to the personal property assessments for 1938 and 1939 characterized the witness' qualification as ‘outstanding.’ We agree with this characterization.
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