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6th Circuit Rules “Tree Ordinance” Requiring Trees Be Replaced Or Pay A Fine Resulted In Unconstitutional Taking
A recent 6th Circuit Court of Appeals decision determined that a tree ordinance resulted in an unconstitutional taking. The ordinance required any removed trees to be replanted or else pay a fine. The suit, filed by F.P. Development against Charter Township of Canton, Michigan challenged the Ordinance claiming that, inter alia, it constituted a taking of... Read More
Tax Court Affirms Standing To File An Appeal Under Long Term Tax Exemption Law (“LTTEL”)
A recent Tax Court opinion by the Honorable Joshua D. Novin examined whether a property owner possessed standing to bring a tax appeal when the property was part of a redevelopment project subject to a financial agreement under the Long Term Tax Exemption Law (“LTTEL”) and whether the Court possessed jurisdiction to adjudicate same. Here,... Read More
Tax Court: Added/Omitted Assessment Law Does Not Apply to Property Which Loses Exemption
A recent decision by Presiding Tax Court Judge Mala Sundar found that the Added and Omitted Assessment Law did not apply when an exempt property became non-exempt. Instead, the applicable law was the “Exemption Cessation” statute. The basis of this action stemmed from previously tax-exempt property that Centrastate Healthcare Services Inc. (“CHSI”) (a for-profit entity)... 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
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
Exemption Status Denied – Where is the Charitable Purpose?
This recent Tax Court decision by Judge Mark Cimino stems from the plaintiff, Urmajesty Banktruckfit Solutions, Inc. (“Urmajesty”) seeking property tax exemption status on its property. Tax exemption was previously denied by the Tax Assessor which was upheld by the Atlantic County Tax Board. Urmajesty appealed to the Tax Court where it filed its summary... Read More
Surviving Spouse Denied Veteran’s Exemption
This recent Tax Court opinion by Judge Fiamingo involves a Veteran’s Exemption property tax claim available to a surviving spouse pursuant to N.J.S.A. 54:4-3.30(b). As part of her claim, the plaintiff Jacqueline Brown-Carter supplied documentation of proof including proof of marriage to Dirk N. Carter, certificate of death, DD214 indicating his Vietnam War service, and... Read More
In Lengthy Decision, The Tax Court Determines Market Value of Commercial Complex
This Tax Court opinion by Presiding Judge Andresini pertains to a tax appeal of commercial property in Teaneck consisting of office space, parking garage, vacant land, and a hotel. Both parties had expert appraisers testify to the purported market value of the 24 acres property. Both appraisers utilized the income capitalization method. Plaintiff’s appraiser concluded... Read More
Chapter 91 Request: They Want The Whole Truth!
This is an appeal by Plaintiff, Alcatel-Lucent USA, Inc. (“Alcatel”) from Tax Court Judge Novin’s dismissal of its 2014 Farmland Assessment application. The Appellate Division affirmed Judge Novin’s order while referencing Alcatel’s 2015 Farmland Assessment application denial due to failure to respond to the tax assessor’s Chapter 91 request (previously discussed here). The appeal pertains... Read More
Law Firm Cites Founding Fathers in Suit Against Governor Cuomo and Attorney General
While most businesses have complied in some form or manner with the spirit of the above meme, a Buffalo, NY law firm, HoganWillig, PLLC, has continued in office operations during the shutdown period. It has now filed a lawsuit against New York Governor Andrew Cuomo and Attorney General Letitia James, claiming abuse of power in... Read More
