Weyerhaeuser Co. v. Borough of Closter

In Weyerhaeuser Co. v. Borough of Closter, 190 N.J. Super. 528, 529-530, 464 A.2d 1156 (App.Div.1983), we dealt with the right of a party to amend a complaint to add a claim of discrimination, presumably after a general revaluation of all properties in the taxing district. There, the plaintiff claimed that the tax assessment of its property, as compared to others, was in excess of its true value and asked for a reduction to the actual amount. The municipality counterclaimed, alleging it was discriminated against by the assessed value of the property because it was less than true value. A pretrial order listed valuation and discrimination as factual and legal issues to be determined. The municipality later withdrew its discrimination claim. After the period permitted to amend a pleading, the plaintiff unsuccessfully moved for leave to amend the complaint to add a discrimination claim. Id. at 530-531, 464 A.2d 1156. The Court permitted the plaintiff to amend its complaint and allege discrimination, id. at 543, 464 A.2d 1156, noting that the municipality had sought to raise discrimination, and it would have been unfair to preclude the taxpayer to in turn do the same, even though the municipality later withdrew its counterclaim.