Legal Opinion · Dissent

Hackensack Water Company v. Borough of Old Tappan

Supreme Court of New Jersey

Decided July 24, 1978Published

1DissentHandler, J.

Although I share the frustration of the majority in determining the fair market value of the underwater property of the Hackensack Water Company based upon the record in this -case, I would not, to the obvious detriment of the remaining taxpayers of the Borough of Old Tappan, ascribe as the true value of the reservoir land its remote original cost which has no relevance whatsoever to current market value. In doing precisely this, the majority fosters regressive and unsound valuation practices in the field of ad valorem taxation. I dissent.

Our statutory taxing scheme makes it quite clear that…

2Cases cited11 opinions

  1. Great Atlantic & Pacific Tea Co. v. KiernanNew York Court of Appeals · 1977
  2. Assessors of Quincy v. Boston Consolidated Gas Co.Massachusetts Supreme Judicial Court · 1941
  3. New England Power Company v. Town of BarnetSupreme Court of Vermont · 1976
  4. Fairchild Hiller Corp. v. Supervisor of AssessmentsCourt of Appeals of Maryland · 1973
  5. State Ex Rel. Mitchell Aero, Inc. v. Board of ReviewWisconsin Supreme Court · 1976

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