United States Postal Service v. Town of Kearny
United States Postal Service v. Town of Kearny
Opinion of the Court
Defendant, Town of Kearny, appeals from a determination by the Tax Court that the Freeze Act, N.J.S.A. 54:51A-8, applied to bar defendant’s added assessment upon real property leased by plaintiff, United States Postal Service.
In October 2000, the Tax Court held a plenary hearing to obtain more evidence on the matter. In an unpublished opinion the court held that the Freeze Act was applicable to the disputed assessment. On April 6, 2001, the Tax Court entered a final judgment confirming that the assessed value of the Postal Service’s property was that stipulated under the settlement agreement and reflected in the original judgment.
On appeal, defendant presents the following issues for our consideration:
THE FREEZE ACT, N.J.S.A. 54:51A-8, DOES NOT APPLY TO REDUCE THE 1996-1998 ASSESSMENTS
A. THE FREEZE ACT DOES NOT APPLY TO REDUCE THE 1996 ASSESSMENT WHICH WAS ALREADY REDUCED BY TAX COURT JUDGMENT FROM 826,716,000 TO $18,216,000 SINCE THE POSTAL SERVICE DID NOT FILE A TIMELY TAX APPEAL FROM THE PROPERLY LEVIED $1,000,000 ADDED ASSESSMENT.
B. THE FREEZE ACT DOES NOT APPLY TO REDUCE THE 1997 AND 1998 ASSESSMENTS SINCE THE POSTAL SERVICE DID NOT FILE A TIMELY TAX APPEAL AND THE PROPERTY MEANINGFULLY INCREASED IN VALUE DUE TO THE ADDED IMPROVEMENTS.
C. THE SUPREMACY CLAUSE DOES NOT SUPPORT A RESULT THAT IS CONTRARY TO KEARNY’S INTERPRETATION OF THE FREEZE ACT.
*80 D. SINCE THE POSTAL SERVICE FAILED TO ADVISE KEARNY OF THE IMPROVEMENTS PRIOR TO THE OCTOBER 1, 1995 ASSESSING DATE, FOR PURPOSES OF THE FREEZE ACT, THE POSTAL SERVICE MUST BE ESTOPPED FROM ARGUING THAT KEARNY KNEW, OR SHOULD HAVE KNOWN, ABOUT THE IMPROVEMENTS PRIOR TO OCTOBER 1, 1995.
We affirm substantially for the reasons expressed by Judge Kahn in his thorough and well-reasoned opinion of March 19, 2001. Judge Kahn’s findings were supported by adequate, substantial and credible evidence in the record. Rova Farms Resort, Inc. v. Investors Ins. Co. of Am., 65 N.J. 474, 484, 328 A.2d 495, 500-01 (1974).
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.