Hudson County Improvement Authority v. Town of Kearny

The opinion of the court was delivered by

O’BRIEN, J.A.D.

Hudson County Improvement Authority (Authority) appeals from a summary judgment entered by the Tax Court in favor of defendant Town of Kearny (Kearny). We affirm.

Both parties agree that the issue presented is a matter of law and was appropriately decided by summary judgment. The Authority acquired property in Kearny between May 18 and June 26,1988, some of which was not tax exempt at the time of acquisition. Kearny concedes that properties owned by the Authority are tax exempt pursuant to N.J.S.A. 40:37A-85, but argues that such…