Legal Opinion
Private Truck Council of America, Inc. v. State
New Jersey Superior Court Appellate Division
Decided September 12, 1985PublishedCited by 2 opinions
1Opinion of the Court
LASSER, P.J.T.C.
(temporarily assigned).
This is an action in which plaintiffs challenge the constitutionality of the Counterpart Fee Act, N.J.S.A. 39:3-6. This act imposes a retaliatory fee or tax on trucks operating in New Jersey that are registered in one of the 18 states that impose a fee or tax on New Jersey registered trucks which New Jersey does not impose. Plaintiffs allege that the act violates the Commerce Clause, Art. I, § 8, cl. 3, and the Privileges and Immunities Clause, Art. IV, § 2, of the United States Constitution. There are two complaints involved, one brought by Private…
2Cases cited32 opinions
- Hicks v. MirandaSupreme Court of the United States · 1975
- Complete Auto Transit, Inc. v. BradySupreme Court of the United States · 1977
- Maryland v. LouisianaSupreme Court of the United States · 1981
- Paul v. VirginiaSupreme Court of the United States · 1869
- Western & Southern Life Ins. Co. v. State Bd. of Equalization of Cal.Supreme Court of the United States · 1981
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3Cited by2 opinions
- Private Truck Council of Am., Inc. v. StateNew Jersey Superior Court Appellate Division · 1987
- Private Truck Council of America, Inc. v. StateSupreme Court of New Jersey · 1988