Fairmount Hospital, Inc. v. City of Jersey City

New Jersey Tax Court

Fairmount Hospital, Inc. v. City of Jersey City

11 A.2d 408, 18 N.J. Misc. 136, 1940 N.J. Misc. LEXIS 12

DecidedMarch 5, 1940

StatusPublished

This text of 11 A.2d 408 (Fairmount Hospital, Inc. v. City of Jersey City) is published on Counsel Stack Legal Research, covering New Jersey Tax Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fairmount Hospital, Inc. v. City of Jersey City, 11 A.2d 408, 18 N.J. Misc. 136, 1940 N.J. Misc. LEXIS 12 (N.J. Super. Ct. 1940).

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Opinion

Quinn, President.

Petitioner heretofore filed its petitions of appeal with this board from judgments of the Hudson County Board of Taxation, making prayer therein for exemption from taxation for the year 1938, with respect to two parcels of realty owned by it in the respondent taxing district, under R. S. 54:4-3.6.

The matter was duly set down for hearing before the board and the taking of testimony on the issue of exemption was begun on the date so designated. A question arising with respect to the admissability of certain hospital records offered in evidence on behalf of the respondent, the hearing was adjourned so as to permit counsel to stipulate with respect to the matter. Thereafter, and for the first time, petitioner made the application now before us for consideration, to amend its petition so as to pray for a reduction of the assessed valuation of the property and to eliminate the original prayer for exemption. We regard this motion as untimely and not the subject of a proper exercise of discretion, in the absence of a showing of extraordinary cause.

The motion will be denied.

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Quinn, President.

Petitioner heretofore filed its petitions of appeal with this board from judgments of the Hudson County Board of Taxation, making prayer therein for exemption from taxation for the year 1938, with respect to two parcels of realty owned by it in the respondent taxing district, under R. S. 54:4-3.6.

The matter was duly set down for hearing before the board and the taking of testimony on the issue of exemption was begun on the date so designated. A question arising with respect to the admissability of certain hospital records offered in evidence on behalf of the respondent, the hearing was adjourned so as to permit counsel to stipulate with respect to the matter. Thereafter, and for the first time, petitioner made the application now before us for consideration, to amend its petition so as to pray for a reduction of the assessed valuation of the property and to eliminate the original prayer for exemption. We regard this motion as untimely and not the subject of a proper exercise of discretion, in the absence of a showing of extraordinary cause.

The motion will be denied.

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Bluebook (online)

11 A.2d 408, 18 N.J. Misc. 136, 1940 N.J. Misc. LEXIS 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fairmount-hospital-inc-v-city-of-jersey-city-njtaxct-1940.