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Federal Appeals Court Halts Mt. Holly Gardens Redevelopment Project
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
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
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
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
Proposed Legislation Could Impact Relocation Assistance
Bills introduced in both the Assembly and the Senate would make various changes to the process used when the Office of Administrative Law (OAL) hears a contested case involving certain state agencies. The bill would permit the Director and Chief Administrative Law Judge of the OAL, and administrative law judges (ALJ) to issue oral decisions under... Read More
Can Business Goodwill be Recovered in Eminent Domain Cases?
“Recovering Business Goodwill in Condemnation Cases” was published by the ABA Section of Litigation–Condemnation, Zoning & Land Use Litigation Committee in its Winter 2011 edition. The article examines case law and statutes from across the United States to discuss common exceptions to the general rule that a business may not recover “profits” after its property... Read More
Tax Exemption does not require “lawful use” under zoning ordinance
A New Jersey appellate court reversed a State Tax Court judge’s opinion by holding that N.J.S.A. 54:4-3.6 does not require that a property be used in a manner permitted by a municipality’s zoning ordinance. The subject property consisted of a two and one-half story home which had previously housed nuns in connection with an adjoining school. ... Read More
Asbury Park Asks Judge to Cancel Redevelopment Contract
Asbury Park has filed legal papers seeking to cancel its contract with the redeveloper for its waterfront redevelopment project. The two parties appeared in court last week to plead their cases. Asbury Partners claims the matter must go to arbitration under the terms of the agreement, but the City claims that Asbury Partners inability to redevelop... Read More
New Jersey Back on Board with New “Gateway Tunnel” Project?
Amtrak announced it will spend $50 million to study a new Hudson River tunnel project expected to cost $13.5 billion. The two-tunnel “Gateway” project was fast-tracked after New Jersey Gov. Chris Christie canceled a similar rail project last fall. New Jersey’s two United States Senators attended the announcement, and Governor Christie was thrilled that New... Read More
Tax Appeal Seminar to Feature McKirdy & Riskin Attorneys
McKirdy & Riskin partners 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: Reducing Property Taxes in a Down Real Estate Market — What you need to know about appealing your property tax... Read More
