BLOG: Property Tax Appeal
Legislation Introduced to Share Property Tax Refund Burden
New Bill Would Require School and Fire Districts to Refund Successful Tax Appeals New Jersey Assemblyman Michael Patrick Carroll (R-Morris) has proposed Assembly Bill A-3412 which would require school districts and fire districts to join local towns and counties in refunding successful tax appeals. Currently, only municipalities and counties are responsible for crediting a property... Read More
New Jersey Lawmakers Adopt Measure to Protect Developers
New “Time of Application” Law Prohibits Municipalities from Rezoning During Development Application Process New Jersey’s Legislature has revised the Municipal Land Use Law to remove the ability of municipalities to revise zoning codes in an effort to thwart development applications the municipality opposes but which otherwise comply with local zoning laws. Previously, it was not unusual... Read More
Tax Court Denies Phillipsburg’s Chapter 91 Motion to Dismiss
In Town of Phillipsburg v. ME Realty, L.L.C., decided on April 8, 2011 (approved for publication), the New Jersey Tax Court denied the town of Phillipsburg’s motion to dismiss ME Realty’s property tax appeal for failure to respond to Phillipsburg’s request for income and expense information pursuant to N.J.S.A. 54:4-34 (“Chapter 91 Request”). The Tax... Read More
Appellate Court Reinstates Kearny Tax Appeals
Court Reinstates Tax Appeals Dismissed for Plaintiff-Taxpayer’s Failure to Provide Discovery In Leeds Terminal Inc. v. Town of Kearny (Docket Nos. A-4867, 4874 through 4881 – 09T3) an appellate court reversed the Tax Court’s order denying several taxpayers’ motions to reinstate property-tax appeals dismissed with prejudice for their failure to provide discovery. These matters involved... Read More
Schools Development Authority Considering Selling “Surplus” Eminent Domain Properties
The New Jersey Schools Development Authority (SDA), formerly the Schools Construction Corporation (SCC), recently answered questions from a joint legislative committee on what the SDA plans to do with the 160 properties purchased for projects that are no longer on the agency’s priority list. The properties are being evaluated by the SDA to determine if any... Read More
When a Private Beach is Really Not Private
The Texas Supreme Court has decided to reconsider its opinion in Severance v. Patterson, No. 09-0378 (Tx. Nov. 5, 2010), where that court was asked to decide “whether private beachfront properties on Galveston Island’s West Beach are impressed with a right of public use under Texas law without proof of an easement” when an avulsive event... Read More
Property Tax Appeal Floodgates Open
Tomorrow’s annual filing deadline for real estate tax appeals in New Jersey is expected to bring with it an unprecedented volume of appeals before County Tax Boards and the New Jersey Tax Court. According to a report in today’s Star-Ledger, approximately 75,000 tax appeals are expected to be filed this year. It is also estimated that... Read More
Society of Professional Assessors Seminar to Feature McKirdy & Riskin Attorneys
The Society of Professional Assessors’ annual seminar for Property Tax Professionals will feature McKirdy & Riskin’s Thomas Olson and Richard DeAngelis as panelists, on Friday April 15, 2011. The panel discussion “Tax Appeal Fundamentals and Update from the Tax Court” will take place during the afternoon session of the conference at The Landmark, 26 Route 17... Read More
McKirdy & Riskin Attorneys Selected as New Jersey Super Lawyers
Four of McKirdy & Riskin’s nine attorneys were selected as “Top 100″ Attorneys in New Jersey” for 2011 by Super Lawyers, as published by Thomson Reuters and in the April, 2011 edition of New Jersey Monthly Magazine. Edward McKirdy (selected to the Top 100 list for the fourth straight year) and Anthony Della Pelle (selected to... Read More
Federal Appeals Court Halts Mt. Holly Gardens Redevelopment Project
A Federal appellate court ordered this week a halt to the Mt. Holly Gardens redevelopment project while an appeal of a trial court ruling is argued. The appeal concerns the claims by a group of residents who have claimed that the replacement of low-income housing by eminent domain with higher-priced homes as part of a redevelopment project is... Read More
