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City Tries to Dismiss Tax Exemption Case for Plaintiff’s Failure to Check a Box
The plaintiff in West Side Community Center v. City of Asbury Park filed an appeal with the Tax Court to claim an exemption on its property. However, in its Case Information Statement, plaintiff had forgotten to check the box “Exemption/Abatement Claimed.” The City filed a motion to dismiss the complaint since it failed to specifically... Read More
Landlocked Property Yields Property Tax Reduction
Recently, in Acocella v. Cedar Grove, the Tax Court of New Jersey was asked to examine the value of a vacant landlocked parcel. The subject property is approximately one-acre and has no frontage or roadway access. It lies to the rear of plaintiff’s residential parcel, and surrounded on all sides by adjacent properties. Given the lack of... Read More
Township Argues for Dismissal on Grounds Taxpayer Submitted False and Fraudulent Information
A motion to dismiss for failure to comply with N.J.S.A. 54:4-34 (“Ch. 91”) is common practice in the Tax Court. In Alcatel-Lucent USA, Inc. v. Township of Berkeley Heights, plaintiff filed complaints challenging the assessment and also sought a farmland assessment exemption for tax years 2014 and 2015. For tax year 2014, the Township filed... Read More
Déjà vu all over again – Taxpayer fails to overcome presumption of correctness.
The New Jersey Tax Court recently issued another opinion finding that a taxpayer failed to overcome the presumption of correctness that attaches to a real property tax assessment. While we have, in the past, expressed frustration with the seemingly endless run of decisions that raise the bar for taxpayers, the Court had little choice here. ... Read More
Maximizing Savings Through NJ Property Tax Appeals
When was the last time you thought about how much you’re paying in property taxes on your New Jersey home or investment property? If there haven’t been major changes to your lot or building over the past few years, it may seem like there is no point in doing so. A number of factors, however,... Read More
Assessment on Condo Common Elements Nullified by Tax Court, Affirmed on Appeal
The Appellate Division recently considered the New Jersey Tax Court’s invalidation of assessment placed by South Orange on the common elements of a condominium property. Plaintiff, The Top Condominium, was established as a condominum association under New Jersey’s Condominium Act. The master deed establishing the condominium consists of 93 units located in the Township of... Read More
CRDA Denied Authority to Take – Birnbaum Wins on Reconsideration
On August 5, 2016, Judge Mendez reversed himself issuing an Order holding that the Casino Reinvestment Development Corp.’s condemnation of the Birnbaum property was a “manifest abuse of the eminent domain power” and exceeded CRDA’s statutory authority. Thereby dismissing the case commenced over two years ago. Initially the Court denied the Birnbaum’s challenge to the... Read More
Veterans Fight City Hall…And Win!
Congratulations to the Veterans who are members of the Cedar Grove VFW hall on regaining the property tax exemption for their property, and to M&R’s Rich DeAngelis for taking on this case and his important win! Read the article here.... Read More
New Jersey’s Stance on Eminent Domain Since Kelo v. New London
The United States Supreme Court’s ruling in Kelo v. City of New London in 2005 served as a wake-up call for eminent domain usage and abuse, as the Court affirmed that, depending upon any state or local laws to the contrary, it was and is permissible for government agencies to seize private property as a... Read More
Sales Approach Rejected in Valuing Rental Property
In reviewing a recent decision by the Honorable Patrick DeAlmeida, the Presiding Judge of the New Jersey Tax Court, the first thing that jumps out is the large reductions — approximate $1.84 million in reduced assessments for each of the years under appeal. The appeal involved a free-standing Barnes & Noble store in Evesham Township brought by the retailer, a... Read More
