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Intervention by Taxpayer Denied in New Jersey Tax Appeal
In another recent opinion, Farmland Dairies, Inc. v. Bor. of Wallington, the Tax Court of New Jersey addressed the actions of a non-party private taxpayer who filed a motion to intervene in a pending appeal of Farmland Dairies, Inc. Farmland Dairies, Inc. filed direct appeals to the tax court for tax years 2014, 2015, and 2016. A private... Read More
Partial Exemption Issue Addressed by Tax Court of NJ
In a recently published opinion, the Tax Court of New Jersey addressed the applicability of the partial exemption statute. In Savage Mills Enterprises, LLC v. Bor. of Little Silver, the plaintiff argued that it was entitled to a partial exemption on a portion of its property that was subject to a 99-year ground lease to a... Read More
Residential Taxpayers in Franklin Lakes Pick Up Win in Tax Court
The Tax Court recently issued an opinion following the trial in Givant v. Franklin Lakes, wherein owners of a single family home filed complaints challenging their assessments for the 2012 and 2013 tax years. The property subject of the appeal is a colonial-style single-family home, built around 1984 with a gross living area of 4,160 sq.... Read More
Former Governor weighs in on property tax exemptions
In a recent opinion piece, former New Jersey Governor Tom Kean criticized the decision of the New Jersey Tax Court that found Morristown Memorial Hospital is a for-profit enterprise and upheld the denial of a local property tax exemption on all but a few areas of the hospital’s facilities. Governor Kean referred to the decision... Read More
Taxpayers Challenging Princeton Univ. Exemption Get a Hall Pass
As some may recall, a group of property owners in Princeton filed complaints in the Tax Court challenging the property tax exemption for properties owned by Princeton University. Faced with a $25,450 bill, plaintiffs in Kenneth Fields, et al v. Trustees of Princeton University were on the verge of having their complaints administratively dismissed for... Read More
Morristown Booming with Redevelopment
This is kind of an off topic post … but generally fits within the purview of redevelopment. Having grown-up in Colonial Morristown with its historic Green; and National Historic Parks (Washington’s Headquarters and Jockey Hollow), and having returned for the practice of law, I am amazed at the transformation that has occurred over the past... Read More
Court of Claims Awards Leaseholder Awards $170M After Inverse Condemnation Trial
A quick hit – The United States Court of Federal Claims recently awarded two leaseholders over $170M for the taking of their leasehold interests at Dallas Love Field Airport. A full copy of the long opinion is here. The nascence of the claim goes all the way back to construction of the Dallas-Forth Worth International Airport... Read More
Neither Side Convinces the Tax Court, Assessments Ultimately Affirmed
Plaintiffs, Palisadium Management Corp and Carlton Corp., appealed the Borough of Cliffside Park’s assessment for their property for tax years 2011, 2012, and 2013. The properties under appeal were two separately taxed lots that operated as a single economic unit. The property is collectively known as the Palisadium which consists of a banquet facility overlooking... Read More
Atlantic City’s Woes Deepen as Borgata Wins in Property Tax Battle
Borgata filed tax appeals challenging the property assessment for tax years 2011, 2012, 2013, 2014, and 2015. On June 30, 2014, Atlantic City and Borgata entered into a settlement agreement wherein the original assessments for tax years 2011, 2012, and 2013 were reduced and, as a result, Borgata was entitled to refund of approximately $88... Read More
Despite Expert Testimony, Taxpayer Unable to Overcome Onerous Burden of Proof
New Jersey taxpayers should be well aware of the presumption of validity/correctness that attaches to original assessments and judgments of the county boards, and also that the taxpayer always carry the burden of proving that the assessment is wrong. Overcoming the initial presumption, however, can be accomplished by providing some form of credible evidence. For... Read More
