BLOG: Property Tax Appeal

Appellate Court Reinstates Kearny Tax Appeals

by: Anthony F. Della Pelle
19 Apr 2011
Court Reinstates Tax Appeals Dismissed for Plaintiff-Taxpayer’s Failure to Provide Discovery In Leeds Terminal Inc. v. Town of Kearny (Docket Nos. A-4867, 4874 through 4881 – 09T3) an appellate court reversed the Tax Court’s order denying several taxpayers’ motions to reinstate property-tax appeals dismissed with prejudice for their failure to provide discovery. These matters involved... Read More

Schools Development Authority Considering Selling “Surplus” Eminent Domain Properties

by: Anthony F. Della Pelle
11 Apr 2011
 The New Jersey Schools Development Authority (SDA), formerly the Schools Construction Corporation (SCC), recently answered questions from a joint legislative committee on what the SDA plans to do with the 160 properties purchased for projects that are no longer on the agency’s priority list.  The properties are being evaluated by the SDA to determine if any... Read More

When a Private Beach is Really Not Private

by: Anthony F. Della Pelle
31 Mar 2011
The Texas Supreme Court has decided to reconsider its opinion in Severance v. Patterson, No. 09-0378 (Tx. Nov. 5, 2010), where that court was asked to decide “whether private beachfront properties on Galveston Island’s West Beach are impressed with a right of public use under Texas law without proof of an easement” when an avulsive event... Read More

Property Tax Appeal Floodgates Open

by: Anthony F. Della Pelle
31 Mar 2011
Tomorrow’s annual filing deadline for real estate tax appeals in New Jersey is expected to bring with it an unprecedented volume of appeals before County Tax Boards and the New Jersey Tax Court.  According to a report in today’s Star-Ledger, approximately 75,000 tax appeals are expected to be filed this year.  It is also estimated that... Read More

Society of Professional Assessors Seminar to Feature McKirdy & Riskin Attorneys

by: Anthony F. Della Pelle
28 Mar 2011
The Society of Professional Assessors’ annual seminar for Property Tax Professionals will feature McKirdy & Riskin’s Thomas Olson and Richard DeAngelis as panelists, on Friday April 15, 2011.  The panel discussion “Tax Appeal Fundamentals and Update from the Tax Court” will take place during the afternoon session of the conference at The Landmark, 26 Route 17... Read More

McKirdy & Riskin Attorneys Selected as New Jersey Super Lawyers

by: Anthony F. Della Pelle
23 Mar 2011
Four of McKirdy & Riskin’s nine attorneys were selected as “Top 100″ Attorneys in New Jersey” for 2011 by Super Lawyers, as published by Thomson Reuters and in the April, 2011 edition of New Jersey Monthly Magazine.   Edward McKirdy (selected to the Top 100 list for the fourth straight year) and Anthony Della Pelle (selected to... Read More

Federal Appeals Court Halts Mt. Holly Gardens Redevelopment Project

by: Anthony F. Della Pelle
17 Mar 2011
A Federal appellate court ordered this week a halt to the Mt. Holly Gardens redevelopment project while an appeal of a trial court ruling is argued.  The appeal concerns the claims by a group of residents who have claimed that the replacement of low-income housing by eminent domain with higher-priced homes as part of a redevelopment project is... Read More

April 1st Tax Appeal Deadline Approaching

by: Anthony F. Della Pelle
16 Mar 2011
Property owners looking for ways to reduce expenses may consider filing an appeal of the property’s 2011 local property tax assessment.  The New Jersey Tax Court and County Boards of Taxation are flooded with appeals filed by owners who are asserting that their property values have declined and that a reduction of a property’s assessment and taxes is warranted... Read More

Jury Awards $3.75 Million for Taking of Morris County Diner

by: Anthony F. Della Pelle
16 Mar 2011
A Morris County jury yesterday awarded $3,750,000 to the owner of the Traveler’s Diner in Dover, as just compensation for the taking of its property by the New Jersey Department of Transportation.  The NJDOT, which acquired the property in 2008 via eminent domain to improve the intersection of Routes 46 and 15, had originally estimated... Read More

Another Inverse Condemnation Complaint Bounced

by: Anthony F. Della Pelle
7 Mar 2011
A New Jersey appeals court recently affirmed the dismissal of an inverse condemnation complaint filed by a property owner against the Township of Mount Laurel, which asserted that a resolution adopted by the Township amounted to a total regulatory taking of his property.  Carroll v. Township of Mt. Laurel, Superior Court of New Jersey, Appellate... Read More