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Who Controls the Creation of a Redevelopment Agency? Trenton Mayor vs. City Council Legal Battle
In Mercer County, a significant legal battle is unfolding between the Trenton City Council and Mayor Reed Gusciora over the creation of a new redevelopment agency. This case highlights critical questions about municipal authority and the procedures required under New Jersey law. The Legal Battle Begins The City Council initiated the lawsuit in April 2022... Read More
How New Jersey Courts Determine Nonprofit Tax Exemption Status
A New Jersey Tax Court recently ruled in favor of a nonprofit organization fighting for a property tax exemption on a residential condo used to house adults with developmental disabilities. The court’s decision offers important guidance for any organization that believes its property may qualify for an exemption. If your nonprofit has had an application... Read More
Texas Court Rules that Property Owners May Sue Army Corps for Flood Damages
A Texas Court recently awarded six “upstream” property owners affected by flooding during Hurricane Harvey (August 2017) $550,000. See Landmark Research summary 2022-11-8 Compensation for Army Corps Flooding – Hurricane Harvey. During Hurricane Harvey, the Addicks and Barker Flood Reservoirs created by the Army Corps of Engineers filled with water and caused widespread damage to... Read More
All Rise for the Jury!
A year and a half ago I blogged about trials in the age of COVID/sars (here). I’m happy to report that we’re now back in person and I was lucky enough to spend last week at the historic Brennan Courthouse (interior rotunda pictured above) with a Hudson County jury. There is nothing in the world... Read More
How Contaminated Property Is Valued in a New Jersey Condemnation Case
If the government is taking your property through eminent domain, the process is already stressful enough. Add environmental contamination to the picture, and the legal complexity can feel overwhelming. What happens to the value of your contaminated property? Does contamination automatically reduce what you are owed? In New Jersey, the answer is no, not directly.... Read More
Court Declines to Invalidate Statute Prohibiting Third-Party Appeals in Tax Court
On September 28, 2022, the Superior Court of New Jersey, Mercer Vicinage, rendered a thirteen (13) page unpublished opinion in New Jersey Citizen Action, et al. v. State of New Jersey et al. that addressed the constitutionality of a recent change to the property tax appeal statute that removed third-party appeals of local property tax... Read More
A CHANGE TO THE (SENIOR) FREEZE IS COMING!
Changes may be on the horizon for the New Jersey’s Senior Freeze program. The Senior Freeze program helps eligible New Jerseyans lower their property taxes by reimbursing property tax payments increases and “freezes” the property tax rate for eligible homeowners and mobile home park site fees. This is particularly helpful for senior residents living on... Read More
Stand Clear: Belleville Prepares to Investigate a New Redevelopment Area
Besides being the hometown of a man who motivated many tri-state attorneys with his courtroom pizzazz, Belleville is also the potential home to a new “area in need of redevelopment” pursuant to the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A;1, et seq (“LRHL”). Last week, the Belleville Town Council passed a resolution that... Read More
Tax Court Declines to Extend Recent Expansion of Veteran’s Exemption
Disabled Veteran’s Tax Exemption On September 12, 2022, the Tax Court of New Jersey rendered a six (6) page unpublished opinion in Michael Hutchings v. Borough of Lawnside that addressed whether a Lawnside resident qualified for the “disabled veteran’s exemption” from his local property taxes. The opinion, written by the Hon. Kathi F. Fiamingo, J.T.C.,... Read More
NJ’s ANCHOR Program – IT HAS BEGUN!
Back in June 2022, we informed you that the State’s Affordable NJ Communities for Homeowners and Renters program (“ANCHOR”) was coming to provide “truly historic” tax relief to property owners and renters. In the words of the venerable soul-stealing sorcerer, Shang Tsung, “It has begun!” (Queue Mortal Kombat theme song). The ANCHOR program replaces the... Read More
