The opinion of the court was delivered by
Schreiber, J.Appellants, Piscataway Associates, Inc., Kaplen, Geiger, Chandler Associates, and Chandler and Piscataway Associates, Inc., owners of a garden apartment complex in the respondent Township of Piscataway, have appealed from a judgment of the Appellate Division holding that they had not established that the 1973 tax assessment on their property was unduly discriminatory and therefore invalid. The appeal was filed as of right, the appellants asserting that a substantial constitutional question was involved. N. J. Const., Art. VI, § V, par. 1(a); R. 2:2-1(a).
This procedure was improper and in disregard of the guidelines enunciated in Tidewater Oil Co. v. Mayor and Council of Carteret, 44 N. J. 338 (1965).
In Tidewater we pointed out that to justify an appeal as of right “there must appear indication of true merit from the constitutional point of view, i. e. that the issue tendered is not frivolous and has not already been the subject of a conclusive judicial determination.” Id. at 342. That standard is not satisfied in this case. The issues here involve an analysis of a particular factual situation and application of those facts to statutory and constitutional criteria under established principles. A case falling into this classification is not appealable as of right. We would customarily dismiss proceedings when a petition for certification has not been filed in accordance with the procedure outlined in Tidewater, 44 N. J. at 344. However, after examining the case, we find that the general public *550importance of the questions presented warrants their being considered and accordingly have granted certification nunc pro tunc. R. 2:12-1 and R. 2:12-4.
In In re Appeal of Kents 2124 Atlantic Ave., Inc., 34 N. J. 21 (1961), Chief Justice Weintraub wrote for a unanimous court that, upon a showing of substantial unequal treatment in assessments of real property within a municipality, caused by a failure to comply with the law, relief should be granted to the taxpayer where there is a reasonable basis for compensating the wrong. Id. at 29. These requirements have been met here.
The sole issue before us is the taxpayers’ claim of discriminatory tax treatment for the year 1973. The facts are essentially undisputed. The Township had revalued all property within the municipality and new assessments became effective for the tax year 1965. The 1965 tax rolls were continued by the assessor through 1972. The assessor, finding that the State Director of Taxation’s average sales ratio1 on October 1, 1972 was about 33%, then multiplied each assessment uniformly throughout the municipality by three. He used the resultant figure, believing that it represented the full true value for the year 1973.
The garden apartment complex owned by the appellants was constructed between 1966 and 1970 and located on 76 acres of land in the Township of Piscataway. The property had been assessed, based upon 1965 values, at $4,808,300 in 1971 and 1972. In 1973 the assessment was raised to $15,031,200. The State Division of Tax Appeals found that its true value for 1973 was $13,065,243. The Appellate Division concurred, holding that sufficient credible evidence existed in the record to justify that result. We have, there*551fore, an adjudicated specific finding that the 100% true value of the land and building for 1973 was $13,065,243.
The Director’s average sales ratios for 1973, on the basis of 242 sales, was 76.44%, that is, the assessments were approximately equal to three-fourths of the sales prices. Of that number, 38 sold at prices equivalent to or higher than 90% of their assessed values. .But over 200 sales were made at amounts less than 90% of the assessed value and 166 at less than 80%. There having been an adjudication that the petitioners’ property was evaluated at 100% of true value for 1973 and there having been actual sales of a substantial number of properties in the Township demonstrating that the assessed values were on the average approximately 25% less than true value, the Division of Tax Appeals was satisfied that discrimination had been proven.
The Appellate Division disagreed. It found that the common level of assessments made in 1965 continued through 1972, that the township board of assessors assessed at 33% of true value for the year 1972, a year in which the Director’s ratio was 32.39%; and that multiplying each assessment by three for the year 1973 maintained that uniformity. It concluded that a common level of assessment existed in 1973 and that the taxpayer had not shown that its property had not appreciated in value since 1965 to the same extent as other properties in the municipality.
When the revaluation was made in 1965, a common level of assessment existed throughout the municipality. The carrying over of assessments thereafter assumed that the percentage increase in value of each property remained the same. Although each year assessors should review and, where appropriate, change valuations^ we recognize the impracticality and difficulty of fulfilling that duty. We have accordingly accepted the efficacy of a general revaluation for the years immediately succeeding its effective date. Thus in Tri-Terminal Corp. v. Bor. of Edgewater, 68 N. J. 405 (1975), cert. den., 425 U. S. 958, 96 S. Ct. 1739, 48 L. Ed. 2d 203 (1976), we accepted the general revaluation *552effective for 1969 during 1971 and 1972. However, the vitality of this assumption dissipates with the passage of time. The Handbook for New Jersey Assessors (rev. ed. 1965) notes the problem:
If trends of property value were uniform throughout the taxing district, little attention would have to be paid to them, once all assessments were made on an equitable basis. Unfortunately, this almost never is the ease. A great number of economic, social, and governmental influences will affect the properties within a taxing district in varying degree. In order to keep assessments equitable, the assessor must keep in constant touch with changing conditions. [Id. § 903.1 at 217]
Property values in a municipality as large as Piscataway will probably not increase at the same rate in all neighborhoods. We are cognizant, too, of other factors which may affect the value of particular properties, such as municipal rent control. (Piscataway has adopted such an ordinance.) Here, nine years had elapsed since the last revaluation, and the presumption that the values of all properties rose at the same or similar rate has been substantially undercut. In 1965 the properties were assessed at 100% of true value. Impairment of the uniformity of the 1965 assessments by 1971 and 1972 due to the uneven effect of economic forces on the various properties is reflected in the Director’s sales ratios in those years. The bulk of the sales varied over a 20% spread in the relationship of assessment to value. In those years most sales fell between the 20% and 40% level.
When the municipality multiplied each assessment by three, it aggravated the disparity, and the common level created in 1965, which had been affected due to the uneven inflationary effect over eight years, was further weakened. The following table graphically demonstrates this impact:
RATIO OF ASSESSED VALUE TO SALE PRICE NUMBER OF SALES IN:
1971 1972 1978
0-10% 2 2 0
10-20 0 16 20
20-30 1 159 301
30-40 4 171 106
*553RATIO OE ASSESSED VALUE TO SALE PRICE NUMBER OE SALES IN:
1971 1972 1978
40-50 25 20 12
50-60 8 8 12
60-70 4 1 54
70-80 2 2 83
80-90 2 0 38
90-100 1 0 19
100-110 0 0 8
110-120 1 0 6
120-130 0 0 1
Over 130 1 0 4
It can be seen that in 1971 and 1972 almost all the sales were clustered in the 20% to 40% range. However, the automatic tripling of assessments in 1973 caused an expansion of the range so that the bulk of the sales occurred between 40% and 100%. The effect of tripling the assessments may be illustrated in the following example:
Property 1972 Assessment 1972 Ratio to true value 1978 Assessment (8 times 1972) 1978 Ratio to true value
A $5,000 50% $15,000 150%
B $3,333 33% $10,000 100%
A $1,667 difference in 1972 has increased to $5,000 in 1973 and a percentage difference of 17% in 1972 has grown to 50% in 1973.
The taxpayer has shown that in the year 1973 it was assessed at 100% of true value, whereas the sales of other properties disclosed an average ratio of 76.44% and more than 68% of those sales were at 80% or less of true value.
The foregoing discussion demonstrates that this factual pattern should be covered by the principle enunciated in Kents that “relief should be granted upon a showing which satisfactorily reveals unequal treatment in violation of State law. . . .” 34 N. J. at 29. Where a taxpayer’s realty is assessed at true value and such assessment is substantially higher than the common level generally applied to other properties, or, in the absence of a common level, than the *554average ratio of the Director of Taxation, then the taxpayer ordinarily will have shown discrimination and is entitled to relief.2 Feder v. City of Passaic, 105 N. J. Super. 157 (App. Div. 1969). Though a general revaluation may have established a common level at a specific point in time, copying the assessment rolls yearly, in the absence of the assessors’ reviewing individual properties to the extent feasible, Tri-Terminal Corp. v. Bor. of Edgewater, 68 N. J. at 413-414, or without regular periodic revaluations, may undermine that common level. The ratios of the assessments to the sales prices of the large number of sales in 1971 and 1972, the ratio ranges of the clusters of the bulk of those sales, when magnified three hundred percent in 1973, and an eight year lapse since the last general revaluation during a highly inflationary period sapped the foundations of the common level. Under these circumstances, the taxpayers who were assessed at 100% true value were entitled to the relief awarded by the State Division.
It may be noted that a general revaluation was made in 1975. That revaluation confirms the petitioners’ claim, for though total ratables in 1975 were 36% more than in 19743 *555(aggregate assessments were $429,251,000 in 1974 and $586,034,300 in 1975) the assessment on the property in question increased by only 3.43%. (In 1974 the property had been assessed at $15,031,000 and in 1975 at $15,548,000.) If the 1974 assessments had been at 100%, an increase of 36% would have resulted in an average ratio in 1975 of substantially more than 100%. But the Director’s table for 1975 shows an average assessment to sales ratio of 95.83%, so that the 100% assessment was achieved in 1975 and not in 1973. These data confirm the indication that in 1973 the average general level of assessments was less than 80% — when the taxpayer was assessed at 100%.
Comparison of the 1973 true value of the property in question of $13,065,243 as determined by the Division of Tax Appeals with the 1975 revaluation of $15,548,000 reflects a 19% increase. On the other hand, comparison of all the property evaluations reveals an increase of over 41% ($413,714,700 in 1973 to $586,034,300 in 1975). This, too, confirms the adverse discriminatory treatment directed against the taxpayer.
It has been contended that because Kents type relief' may be productive of a substantial degree of relative unfairness among taxpayers, the remedy should not be available here. That rationale was rejected in Kents. There the Chief Justice persuasively answered as follows:
It is argued a reduction to the average ratio will increase the burden upon other properties assessed above it, and indeed if sufficient reductions should be granted the average itself will be progressively driven down. Abstractly, all of that is so, unless someone concurrently raises assessments which are below the ratio. But the criticism goes not to the justice of granting relief but rather to the amount of it. Mathematical perfection in taxation is unobtainable, and hence relief should not be denied merely because the result lacks absolute precision. The injured taxpayer is entitled to practical relief.
Moreover the remedy we find appropriate has an added virtue, for if a flood of appeals should ensue or be feared, it may well quicken the official conscience and induce the district to revalue and to keep the rolls current. It must be borne' in mind that whether the stan*556dard of valuation is full true value or such percentage of it as may in the future be established under chapter 51 of the Laws of 1960, the vice of unequal treatment will persist so long as the assessor fail's to do his job. The remedy of Swife[4] and the remedy we here find suitable will combine, we hope, to excite the assessor to proper performance. [34 N. J. at 32-33]
The Appellate Division has drastically restricted the general proposition enunciated in Kents to those situations where there is found a condition of complete planlessness in local assessments. If that reasoning were followed, a taxpayer would be denied relief even though its property was assessed at 100% of true value while the properties of others were being assessed at 33% of true value, provided that a general revaluation had been made within a decade. In addition the dissenting opinion would limit Kents type relief to those cases where the assessor has not in good faith attempted to achieve a common level. A fair reading of Kents does not support that interpretation. Rationally it would be absurd to deny relief because an assessor’s intent was bona fide albeit the result was a level which was wholly disproportionate. A taxpayer who is shouldering substantially more than his fair share of taxes would rarely, if ever, obtain relief.
Judge Conford, writing for a unanimous court in Tri-Terminal Gorp. v. Bor. of Edgewater, recognized that:
It is fundamental that a taxpayer is entitled to “treatment commensurate with that given his fellow taxpayers within the municipality” and that if it is not accorded, he is entitled to a judicial or quasi-judicial remedy. In re Appeals of Kents 2124 Atlantic Ave., Inc., supra, 34 N. J. at 25; Feder v. City of Passaic, 105 N. J. Super. 157, 160-161 (App. Div. 1969). [68 N. J. at 409]
When the taxpayer has shown that there is being imposed upon him an undue burden because it is so disparate when compared with others generally, as here, he is entitled to relief. To countenance any other result would ignore the *557principle of equal protection guaranteed by our State Constitution and applicable statutes.
The judgment of the Appellate Division is reversed and the judgment of the State Division of Tax Appeals reinstated.
The State Director of Taxation, pursuant to N. J. S. A. 54:1-35.1, establishes a table of equalized valuations consisting of the relationship of assessments in the municipality to sale prices to ascertain the total true value of real property for the purpose of allocating State aid for education.
The use of “substantial” as a criterion affords the fact finder a certain flexibility. Compare the applicability of substantial factor to determine causation in negligence actions. O’Brien v. Bethlehem Steel Corp., 59 N. J. 114, 124 (1971). It may be noted that the Legislature has proposed a more definitive yardstick.
N. J. S. A. 54:1-35a fixes a “common level range” which is plus or minus 15% of the average ratio found by the Director of the Division of Taxation for the taxing district. In any proceedings before the Division of Tax Appeals, the Division is authorized where the ratio of the assessed value to true value exceeds the common level range, to revise the taxable value of the property by applying the average ratio to the true value of the property. N. J. S. A. 54:2-40.4b. This act is to be effective commencing with the tax year 1978. L. 1976, c. 33.
We recognize that the 1975 ratables included some structures built in 1974. Building permits issued in 1974 totalled $21,851,000 of construction. Even if all that additional construction had occurred in 1974, the percentage increase in total ratables from 1974 to 1975 would have been more than 31%.
Switz v. Middletown Twp., 23 N. J. 580 (1957).