Hartz Mountain Industries v. City of Jersey City

Plaintiff Hartz Mountain Industries (taxpayer) appeals from the Tax Court’s grant of summary judgment to defendant City of Jersey City (municipality), affirming the taxation of air space rights purchased by the taxpayer over a rail station in the municipality for the 2002 tax year. By bargain and sale deed recorded on or about April 9, 1990, the taxpayer purchased from Port Authority Trans-Hudson Corporation (PATH) all of its interest in the airspace rights located a specified amount above the track situated between Tonnelle Avenue and John F. Kenney Boulevard, designated as Lots A2, B and…