BLOG: Property Tax Appeal
Taxpayer’s Appeal Allowed, Despite Objection to Late Service
Motion to Dismiss Tax Appeal Denied After County Tax Board Attempts to Implement Additional Service Requirements In a holding similar to an earlier decision this year — Hopatcong Fuel On You, LLC v. Hopatcong Borough, __ N.J. Super. __ (Tax 2010) — New Jersey Tax Court Judge Vito L. Bianco denied a municipality’s motion to dismiss a taxpayer’s appeal, where... Read More
Supreme Court Denies Compensation to Owners in Beach Replenishment
This morning, the United States Supreme Court ruled that the state of Florida can proceed with beach replenishment projects without paying property owners who lose private beach access rights as a result. The unanimous vote of the Court in Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection rejected claims by property owners... Read More
NJ Courts Deny Property Tax Exemption
In two recent separate cases, both the Appellate Division of the New Jersey Superior Court and the New Jersey Tax Court have denied local property tax exemptions to not-for-profit organizations. In International Schools Services, Inc. v. West Windsor Township, 412 N.J. Super 511 (App. Div. 2010) the Appellate Division held that a 501(c)(3) tax exempt organization did... Read More
Appeals Court Upholds Freeze Act Protection From Added Assessment
In an unpublished opinion released last week, Fifth Roc Jersey Associates, L.L.C. v. Town of Morristown, Docket No. A-5643-08T3 (App. Div. June 8, 2010), a New Jersey appeals court upheld a Tax Court decision granting a taxpayer’s application for “Freeze Act” protection against an added assessment. The property in question is a hotel in Morristown’s... Read More
Hiring an Eminent Domain Attorney? Consider This
Two recent posts on other eminent domain blogs discuss factors which property owners (and condemning authorities) may want to consider in selecting an attorney to represent them in eminent domain matters. The first post, contained in the Eminent Domain Law Blog published by Biersdorf & Associates, contains some useful information for prospective clients looking to hire an... Read More
New Jersey Supreme Court Agrees to Hear Another Redevelopment Case Involving Tenants’ Rights
The New Jersey Supreme Court recently granted a petition for certification in Town of Kearny v. Discount City of Old Bridge, Inc., et al., a redevelopment taking involving tenants rights where the designated “redeveloper” was also the tenant’s landlord, which was decided by the Appellate Division on October 23, 2009. The Appellate Division held that pre-condemnation... Read More
Jersey City Redevelopment Plan Upheld Despite Passage of Time
High rise housing is permitted in City’s Powerhouse Arts District following adoption of amended Redevelopment Plan A neighborhood action group’s argument that a redevelopment plan was wrongly amended was rejected by the Appellate Division of the New Jersey Superior Court in a recently published opinion. The neighborhood group filed an action in the Superior Court... Read More
TENANTS NOT ENTITLED TO NOTICE OF BLIGHT DESIGNATION
In Iron Mountain Information Management Inc. v. The City of Newark, the New Jersey Supreme Court held this week that the only persons entitled to notice of a blight designation under the Local Housing and Redevelopment Law (“LRHL”) are the owners of record and those whose names are listed on the tax assessor’s records as permitted... Read More
Long Branch Mayor Schneider, Who Oversaw Eminent Domain Use, Is Reelected
Following claims that he has abandoned the use of eminent domain in the redevelopment area, Long Branch Mayor Adam Schneider was reelected to an unprecedented sixth term in last week’s election despite negative campaigning in the final weeks of the election. Former councilman, and mayoral candidate, Brian Unger, who also opposed the use of eminent... Read More
Redevelopment Lawsuit at Issue in Long Branch Mayoral Race
Long Branch mayoral candidate Robert Krebs says the suit he recently filed to overturn the Beachfront South redevelopment designation was filed by him as a “private citizen.” Current Mayor Adam Schneider says he has abandoned the use of eminent domain in the redevelopment area because of the poor economy and recent court decisions restricting the... Read More
