Maier v. Caffrey
Maier v. Caffrey
Opinion of the Court
The prosecutors attack by certiorari two orders made by Judge Caffrey of the Circuit Court on the appeal provided by the Home Pule act, article 20, section 42, as amended by Pamph. L. 1925, p. 231, reviewing assessments on a large number of building lots.
The facts of the case resemble those in Kearny v. Gleary, 6 N. J. Mis. R. 442; 141 Atl. Rep. 666. In this case, as in that, a speculative land company in the inflation period of 1928 and 1929 bought a worn-out farm, made a map subdividing it into blocks and lots where nothing of the sort existed on the ground, and immediately thereafter the municipal body proceeded to adopt ordinances looking to various improvements on the “Morningside Park” tract. The company took title in February, 1929; an ordinance for the laying of concrete
The prosecutor Prusko appears to own nine lots in all, constituting the northerly half of block 105-0, fronting on the south side of Canterbury avenue between First street on the west and Madison street on the east.
The prosecutor Maier stated in his petitions for writs of certiorari that he was the “owner” of numbered lots in some eighteen different blocks on the tract (in most cases the entire block). But so far as we discover in the voluminous printed case, there is no evidence of his ownership; and while the notices of appeal by Prusko relating to his nine lots are printed, there is no notice of an appeal as regards the lots of which Maier says in his petition he is the “owner” there being a general statement at the head of page 64 of the case that “notices of appeal were filed and served in the form hereinafter set forth (i. e., the Prusko appeals), affecting all lots referred to,” &c. The appellant is not named: and it is
The Morningside corporation is consequently out of the case. For the respondents it is urged that Maier (assuming that he actually appealed) is only a mortgagee and as such has no status to attack the assessment. We think the point is well taken. The language of section 42, supra, relating to appeals, is: “Any owner of any property assessed for benefits * * * may, within thirty days after confirmation of such assessment, * * * appeal from the same,” &c. Conceding the elasticity of meaning that may be attached to the word “owners” (see Murphy v. Lewis, 76 N. J. L. 141, 142; 69 Atl. Rep. 483), our decisions indicate clearly that in a case like that before us the statute is not intended to include a mortgagee claiming a lien on the land. Wade v. Miller, 32 N. J. L. 296; Shields v. Lozear, 34 Id. 496, 503; Kirscher v. Schalk, 39 Id. 335; Crane v. Elizabeth, 36 N. J. Eq. 339 (especially at pp. 341, 342). That the holder of an equity of redemption, even tenuous in character, is an “owner” for tax exemption purposes, is held in Princeton v. Stale Board, 96 N. J. L. 334 (at p. 338); 115 Atl. Rep. 342. We agree that the prosecutor Maier has no standing, and as to him the writs will be dismissed.
As to the prosecutor Prusko, the review asked by him refers to lots numbered 1 to 9 inclusive in block 109-0. As to these, the case exhibits a substantial reduction in the assessments, both as recommended by the commissioner and as effected in the two orders signed by Judge Cleary. We do not perceive in the brief, and have not found in the case any good reason
Case-law data current through December 31, 2025. Source: CourtListener bulk data.