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Appellate Division: For Tax Purposes, a Property’s Prospective Zoning Change Must be “Reasonable”
From 2004-2018, the Township of Dover (now officially known as Toms River) decided to impose a property tax upon a 1211-acre tract of land in their municipality with its highest and best use as a residential property. However, at the time of Dover’s assessments the property’s zoning designation was for manufacturing, had been declared a... Read More
Ocean Grove “Christian Seaside Resort” Ruled Tax Exempt
Just like the Administrative Office Building we blogged about here, Judge Sundar has rejected Neptune Township’s contention that a property in their township owned by non-profit corporation Ocean Grove Camp Meeting Association for their “Christian Seaside Resort” was being used for a non-exempt, for-profit purpose. In Ocean Grove Camp Meeting Ass’n of The United Methodist... Read More
Tax Court to Parties: You’re Both Wrong
Just like the NFL Draft, teams and their fans are excited about the possible players their respective franchises could pick to help bolster their chances of winning. Teams may want some players, while fans may want others. In the end, both the teams and their fans could be wrong about the player ultimately selected. Just... Read More
Tax Court: Veteran’s Tax Exemption Not Applicable to Home Purchased After Veteran’s Death
In New Jersey, veterans and their spouses can claim a property tax deduction due to their status as a disabled veteran. If a veteran is determined to be 100% disabled by the Department of Veterans Affairs (VA), then the veteran may claim a property tax exemption which renders their property fully exempt from property taxes.... Read More
Arby’s Exception to the Jury View Rule?
A favorable jury verdict in a Kentucky takings case was recently reversed because the trial court refused the condemnor’s request that the jury view the property. A copy of the opinion is here. Under Kentucky law, the jury “shall be sent by the court, in the charge of the sheriff, to view the land” upon... Read More
Ocean Grove Camp Meeting Offices Tax Exempt
I don’t often venture over to the tax appeal side of things here at McKirdy Riskin, but I have always been fascinated by the Ocean Grove Camp Meeting Ass’n that is the subject of a recent tax court opinion authored by Judge Sundar (March 4, 2021 opinion is available here). I would suggest a full... Read More
Legislation “Solves” Property Tax Issue For Hospitals
More than five years after a landmark decision by the New Jersey Tax Court that threatened the local property tax exemption enjoyed by non-profit hospitals, the State has finally acted. Under a bill signed by Governor Murphy this week, those hospitals will retain their tax-exempt status but will make a “community service contribution” toward the... Read More
Impacts of COVID-19 on Real Property Taxes in New Jersey
New Jersey property owners should have recently received notice of their 2021 property tax assessments by early February, and many will consider whether the economic impacts of COVID-19 should cause them to seek property tax relief in 2021 due to a decline in their property values. In New Jersey, retail, hospitality, and office properties have... Read More
Nearly a Year Later, Is COVID-19 Still a Public Health “Emergency”?
It has been nearly a year since the COVID-19 pandemic has brought unprecedented uncertainty and consequences to our families, businesses, and communities. Government agencies persist with actions to protect the health and safety of the American public. Regardless of whether these actions are necessary or are helping to fight the COVID-19 pandemic, nearly one year... Read More
US Supreme Court Alert – PennEast Pipeline Cert Petition Granted !
All you SCOTUS watchers already know the news, but yesterday the United States Supreme Court granted PennEast Pipeline Company’s petition for certiorari. Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Did the Court of Appeals properly exercise jurisdiction over this case?... Read More
