Opinion

City of Millville v. Cumberland County Board of Taxation

  • 122 N.J. Super. 444
  • 300 A.2d 849
  • 1972 N.J. Super. LEXIS 326
Court
New Jersey Superior Court Appellate Division
Filed
Jun 29, 1972
Status
Published
Cited by
1 cases
Authority
More cited than 46.1%

The opinion

Per Curiam.

We reject the contention of Millville that all properties of the Millville Municipal Airport, regardless of their uses, are exempt from taxation by virtue of their incidental association with the public purpose of the airport or by virtue of their contribution to the financial solvency of the airport. Moonachie v. Port of New York Authority, 38 N. J. 414 (1962). There our Supreme Court held (at 423) that “property of public agencies which is not used for the authorized public purpose or held for such expected use within a reasonable time” is not exempted from taxation. It also there ruled that the “revenue motive” is not such an authorized public purpose.

Por reasons set forth in our opinion in Brody v. Millville, 120 N. J. Super. 1 (App. Div. 1972), filed simultaneously herewith, * we agree with the Division of Tax Appeals that Airwork Company and Boeing Vertol are sufficiently dedicated to a public use as to justify the exemption. Nor do we have any doubt that the restaurant operated by Dale Wettstein serves the requisite public purpose.

Affirmed.

Questions of fact and law are sufficiently common to this action and Brody v. Millville, that final arguments were consolidated, and the parties stipulated that the records in both were to be considered in each.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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