Milltown Industrial Sites v. Milltown Borough

12 N.J. Tax 581
CourtNew Jersey Tax Court
DecidedAugust 25, 1992
StatusPublished
Cited by8 cases

This text of 12 N.J. Tax 581 (Milltown Industrial Sites v. Milltown Borough) 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
Milltown Industrial Sites v. Milltown Borough, 12 N.J. Tax 581 (N.J. Super. Ct. 1992).

Opinion

ANDREW, J.T.C.

The issue in this local property tax case is whether plaintiffs complaint must be dismissed for its failure to pay delinquent municipal utility charges. Stated another way, the question is [582]*582whether the phrase “municipal charges” in N.J.S.A. 54:3-27 includes water, sewer, electric and other municipal utility charges, and thus, requires dismissal of a local property tax complaint if these charges are not paid as directed by the statute. Plaintiff, Milltown Industrial Sites, challenges the 1992 local property tax assessment on its property located at Ford Avenue, Milltown Borough, Middlesex County. The property is designated as Block 358, Lot l.B on the borough’s tax map. The original assessment for 1992 is as follows:

Land $ 560,000

Improvements 940,000

Total $1,500,000

On March 30, 1992, plaintiff contested this assessment by filing a complaint directly with the Tax Court claiming overvaluation and discrimination. On July 2, 1992, defendant, Mill-town Borough, filed a motion to dismiss plaintiff’s complaint, pursuant to N.J.S.A. 54:3-27, for failure to pay municipal charges. With its motion, defendant included a certification from the tax collector for Milltown Borough which states that, as of June 25, 1992, plaintiff was delinquent regarding its municipal utility charges. Specifically, the tax collector notes the following delinquencies:

1991 Electric—$4,505.99 plus accrued interest
1991 Water/Sewer—$516.20 plus accrued interest
1992 Electric—$19,449.64 (as of April 15, 1992) plus accrued interest
1992 Water/Sewer—$5,694.53 (as of April 15, 1992) plus accrued interest

Plaintiff filed a response in opposition to defendant’s motion on July 16, 1992. In this response, plaintiff argues that “municipal charges” as used in N.J.S.A. 54:3-27 refers only to interest and penalties charged on unpaid real estate taxes, and not to electric, water or sewer charges. Thus, plaintiff submits that its complaint should not be dismissed. It should be noted that plaintiff asserts, and defendant does not dispute, that plaintiff’s 1991 local property taxes and 1992 first-quarter local property taxes have been paid. On July 21, 1992, defendant filed a letter-memorandum with this court opposing plaintiff’s [583]*583July 16, 1992 response. On July 23, 1992, plaintiff filed a second response with this court.

Since plaintiff filed its complaint directly with the Tax Court, bypassing the county board of taxation as permitted by N.J.S.A. 54:3-21, N.J.S.A. 54:3-27 is the controlling statutory tax-payment provision.1 Powder Mill I Associates v. Hamilton Tp., 190 N.J.Super. 63, 461 A.2d 1199 (App.Div.1983). N.J.S.A. 54:3-27, as amended by L. 1991, c. 75, states in relevant part:

A taxpayer who shall file an appeal from an assessment against him shall pay to the collector of the taxing district no less than the total of all taxes and municipal charges due, up to and including the first quarter of the taxes and municipal charges assessed against him for the current tax year in the manner prescribed in R.S. 54:4-66.

[Emphasis added]

This amended version of N.J.S.A. 54:3-27 was effective beginning January 1, 1992, see A. 1991, c. 75, § 50, and, accordingly, applies to tax year 1992.

Before amendment by A. 1991, c. 75, N.J.S.A. 54:3-27 made no reference to “municipal charges.” Defendant asserts that because plaintiffs 1991 and first-quarter 1992 electric, water and sewer charges remain unpaid, plaintiffs complaint must be dismissed pursuant to N.J.S.A. 54:3-27. In opposition, plaintiff contends that the clear language of N.J.S.A. 54:3-27 indicates that electric, water and sewer charges do not constitute “municipal charges” for purposes of N.J.S.A. 54:3-27. “Municipal charges” are not defined in A. 1991, c. 75, nor does the legislative history to A. 1991, c. 75 mention “municipal charges.”

Plaintiff argues, citing Great Adventure, Inc. v. Jackson Tp., 10 N.J.Tax 230, 233 (App.Div.1988), that where, as in the present case, a taxpayer may lose the right to challenge an assessment due to noncompliance with a statutory requisite, [584]*584because of the severity of the penalty, a strict statutory construction is necessary. Additionally, asserting that the term “municipal charges” in N.J.S.A. 54:3-27 must be considered in the context of the entire first paragraph of N.J.S.A. 54:3-27, plaintiff notes the following with regard to “municipal charges”:

1. The taxpayer is required to pay these charges to the tax collector;
2. the phrase “municipal charges” is associated and linked twice to the word “taxes”, ie., “all taxes and municipal charges”;
3. the phrase “municipal charges” is linked to quarterly payments, ie., “including the first quarter of the taxes and municipal charges” assessed;
4. the “municipal charges” are described as being assessed against the taxpayer in the manner prescribed by E.S. 54:4-66; and lastly,
5. the entire paragraph relate[s] to the conditions for taking an appeal of real estate taxes.

Based on these assertions, plaintiff alleges that “municipal charges” include only those charges “arising out of real estate taxes assessed against the property," such as interest on unpaid real estate taxes, and do not include utility charges.

First, plaintiff asserts that, since N.J.S.A. 54:3-27 requires that “municipal charges” be paid to the “tax collector,” and electric, water and sewer charges are not paid to the tax collector, the “municipal charges” referred to in N.J.S.A. 54:3-27 must mean something other than electric, water and sewer charges. This argument is not convincing. N.J.S.A. 54:3-27 refers to “the collector of the taxing district,” not to the “tax collector.” N.J.S.A. 1:1-2 defines “collector” as follows:

The word “collector,” when used in relation to the collection of taxes or water rents or other public assessments, includes all officers charged with the duty of collecting such taxes, water rents or assessments, unless a particular officer is specified.

Additionally, N.J.S.A. 1:1-2 defines “taxing district” as follows:

The words “taxing district,” when used in a law relating to the assessment or collection of taxes, assessments or water rates or water rents, include every political division of the State, less than a county, whose inhabitants, governing body or officers have the power to levy taxes, assessments or rates.

[585]*585[Emphasis added]

These definitions demonstrate that the term “collector of the taxing district” is not limited to the tax collector, but will include other officers responsible for collecting water rents and other assessments. Consequently, plaintiffs argument that N.J.S.A.

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Bluebook (online)
12 N.J. Tax 581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/milltown-industrial-sites-v-milltown-borough-njtaxct-1992.