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McKirdy & Riskin attend Eminent Domain Conference in China
Edward McKirdy and Harry Riskin, McKirdy & Riskin‘s founding partners, recently attended the Brigham-Kanner Property Rights Conference in Beijing, China. The annual conference, which focuses on the interplay of civil rights and property rights, brought legal scholars, jurists, and practitioners from the United States and China together at Tsinghua University in Beijing to discuss and... Read More
McKirdy & Riskin’s Thomas Olson And Anthony DellaPelle Will Be Featured As Panelists
McKirdy & Riskin’s Thomas Olson and Anthony DellaPelle will be featured as panelists, along with appraiser and builder David Bossart, at an upcoming seminar sponsored by the Community Builders and Remodelers Association: “Real Estate Tax Appeals: What builders need to know about reducing their property tax expenses”. The seminar will be held on Wednesday, January 11, 2012,... Read More
Tax Court to Nonprofit – Only 2% Exempt.
In Phillipsburg Riverview Organization Inc. v. Town of Phillipsburg, (December 16, 2011, Approved for Publication), the Tax Court denied in part and granted in part a property tax exemption pursuant to N.J.S.A. 54:4-3.6 to plaintiff, Phillipsburg Riverview Organization Inc. (“PRO”), a New Jersey not-for-profit corporation. Under its Articles of Incorporation, PRO was formed to promote... Read More
Tenant Entitled to Tax Refund, But No More
In this matter, Quo Non Ascendet Inc. v. Aperion Enterprises Inc., Docket No. 012184-2008 (December 5, 2011), the Tax Court was called upon to settle a dispute between a landlord and tenant. The plaintiff here, a tenant, filed this action against defendant, its landlord, alleging breach of contract and unjust enrichment after learning that the landlord... Read More
McKirdy & Riskin Attorneys Named to Faculty of National Eminent Domain Conference
McKirdy & Riskin’s Harry Riskin and Anthony Della Pelle will be participating as faculty in the American Law Institute – American Bar Association‘s 29th Annual “Eminent Domain and Land Valuation Litigation” conference, to be held January 26th to January 28th, 2012 at the U.S. Grant Hotel in San Diego. Harry will be speaking on the... Read More
Morristown Hotel Wins Freeze Act Application and Refund
The owner of the Morristown Hyatt hotel has prevailed in a challenge to an $8,000,000 “added assessment” for 2009 levied by the Town of Morristown onto the property’s local tax assessment. The property owner, Fifth Roc Jersey Associates, LLC applied for protection under the “Freeze Act”, N.J.S.A. 41:51A-8, which provides that a successful tax appeal... Read More
Property owner survives Verona’s “Chapter 91” attack
N.J.S.A. 54:4-34, also known as Chapter 91, is often used by municipalities to attack property owners’ tax appeals on procedural grounds, rather than on the merits of whether the property is over-assessed. This statute, which allows a municipality to request income and expense information and requires a property owner to respond within 45 days, is... Read More
Tax Court Requires Municipalities To Pay Up
More and more municipalities are seeking to push-off into the future their tax refund obligations to property owners who with successful tax appeals. While some municipalities are more open than others and seek the consent of the property owners for a delay beyond the standard 60 days from the date of judgment, others simply ignore their obligations... Read More
Calendaring Mistake By Attorney Not Worthy of Dismissal at County Board Hearing
A New Jersey Tax Court judge recently held that a County Board of Taxation erroneously dismissed a tax appeal after the plaintiff’s attorney appeared the day after the matter was originally scheduled to be heard. Under New Jersey law, parties at a County Board hearing are required to exchange comparable sales seven days before the... Read More
Pipeline Protests Reach the White House
The controversy surrounding the Keystone Pipeline project has escalated to the point where protesters surrounded the White House yesterday to demand that the project be stopped. Read CNN’s coverage of the recent event here. We previously covered this story in our New Jersey Condemnation Law Blog (story available here), and first discussed this project a year... Read More