Supreme Court of New Jersey

Union Terminal Cold Storage Company, Inc., Plaintiff-Appellant v. Donald Spence

December 20, 195417 N.J. 162

Summary

The Supreme Court of New Jersey reversed the summary judgment for the City of Jersey City, holding that the "freeze" statute N.J.S.A. 54:2-43 is mandatory and binding, so the judgment of the Division of Tax Appeals is conclusive for the assessment year and the two succeeding years, requiring the city to grant the taxpayer a credit and issue a receipt for the 1953 taxes. Justice Burling concurred in the result but argued that the statute is not self‑executing and limited the collector's authority, urging a remand for abatement of illegal taxes.