New Jersey appeals court upholds Casino Property Tax Stabilization Act Amendment
The court ruled that the amendment does not violate the state constitution.
Key Points
- The appeals court said the act could not be proved unconstitutional beyond reasonable doubt
- The decision overturned a previously ruling by a state trial court
The New Jersey Superior Court, Appellate Division has determined that the Casino Property Tax Stabilization Act (CPTSA) falls within the New Jersey Constitution’s Exemption Clause, according to a recent Bloomberg Tax report.
A previous ruling by the trial court said that the act, established in 2021, was unconstitutional. However, the decision was appealed, bringing the matter before the New Jersey Superior Court, Appellate Division.
Furthermore, the Appeals Court noted that it is not permitted to rule a legislative act as void “unless its repugnancy to the Constitution is clear beyond a reasonable doubt,” the Bloomberg report said.
The court went on to state that the trial court “failed to apply that high standard, and plaintiffs failed to meet it.”
In other state news, a local judge recently issued a ruling that will continue to allow smoking in Atlantic City’s casinos.
The decision was made by Superior Court Judge Patrick Bartels in response to a recent lawsuit filed by The United Auto Workers, a union that represents Bally’s Tropicana and Caesars casino dealers.
Indoor smoking has been banned in New Jersey since 2006. However, the current laws on the books make room for smoking in casinos and in simulcasting facilities, an allowance casino employees have pushed back against for more than three years.
Currently, smoking is allowed in Atlantic City’s casinos on 25% of the gaming floor. These spaces are not designed to contain smoke, causing it to waft into other areas of the casino.
Atlantic City casino employees have worked for more than three years to put a smoking ban in place, claiming that indoor casino smoking put their health at risk.
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