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Tax Court Rejects “Income Approach Valuation” And Cost Estimating Software In Valuing Nursing Home
In an appeal of the 180-bed Eagle Rock Convalescent Center in West Caldwell, the Tax Court again rejected the use of the income valuation approach in valuing nursing homes. Using the Income Valuation Approach The Taxpayer argued for a reduction in its property tax assessment due to more than 50% of its population being Medicaid... Read More
Trials in the Age of COVID/SARS-2
As most New Jersey trial lawyers would know, ^ is a picture of the Hudson County Courthouse, which was built over a century ago. (click here for a detailed history of the building by jerseydigs). It is one of the most impressive and beautiful courthouses in the entire State. It was renamed the William J.... Read More
Functional Units and A New Year
Rolling into a New Year here in Morristown after enduring a 14 day SARS-2/COVID-19 quarantine isolation. Sound familiar? I bet. So, what do condemnation lawyers think of while sitting in isolation? Real estate valuation and property rights issues, of course! With that in mind, here’s a good one: what happens when your client’s private property... Read More
Caveat Emptor: Applies to Tax Sale Certificate Buyers Too!
An “experienced” tax sale certificate investor was recently rebuffed in efforts to seek rescission of tax sale certificates it purchased, and refunds of property taxes it paid on property which turned out to have little value compared to the investor’s anticipated value of the property. In Garden State Investment v. Brick Township, the investor, which... Read More
This Just In: Property Owners May Not Have To Pay Taxes To File A Tax Appeal!
A recent New Jersey Tax Court case discussed the issue of standing to file a tax appeal. The Court concluded that a titleholder of property maintains standing as an “aggrieved taxpayer” even if the titleholder is not making direct or indirect tax payments. The party making the tax payments also has standing as an aggrieved... Read More
Paterson Getting $6MM In Property Taxes From St. Joseph’s Hospital
The City of Paterson recently entered into an agreement with St. Joseph’s Hospital which settled a pending property tax dispute between the parties dating back to 2016. The settlement results from the City’s actions to remove St. Joseph’s historic property tax exemption, and to place the hospital’s properties on the City tax rolls after a... Read More
Tax Court “Joins” Government Entities In Case Of First Impression
In Metz Family LTD. Partnership v. Twp. of Freehold, the New Jersey Tax Court recently analyzed whether the Chapter 123 “equalization” ratio should apply under relevant state law, N.J.S.A. 54:51A-6, to the value determinations made by the Court. In addition Tax Court Judge Mala Sundar’s recent opinion ruled on the motions filed by the defendant,... Read More
Tax Court Denies Motion To Compel Discovery Again, And Again.
In a tax appeal involving a newer Quick Check gas station and convenience store, the defendant, Borough of Raritan, moved to compel additional discovery from the plaintiff. The Borough requested statements relating to the business operations at the property. In support, the Borough argued that the information would assist its appraiser in adjusting comparable properties... Read More
Tax Court Affirms Earlier Determination of Truck Stop Property Value on Remand
New Jersey Tax Court Judge Mary Brennan issued an opinion last week which clarified and affirmed a 2018 decision she made concerning a tax appeal by the owner of a truck stop/travel center property near Interstate Route 78 in Bloomsbury Borough. The case, HPT TA Properties Trust, F.K.A. Travelcenters Properties, LP v. Bloomsbury Borough, involved... Read More
Is COVID-19 “Shutdown” Compensation Due Under Disaster Control Act? And Who Gets To Decide?
An interesting case arose in our home vicinage – Morris & Sussex – involving a small business owner’s challenge to Governor Murphy’s COVID-19 “shutdown” orders. JWC Fitness v. Governor Murphy: The complaint was filed about a month ago and was subsequently dismissed by Assignment Judge Stuart Minkowitz on jurisdictional grounds. Judge Minkowtiz held that jurisdiction... Read More
