BLOG: Property Tax Appeal

Property Tax Appeal Floodgates Open

by: Anthony F. Della Pelle
31 Mar 2011
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

by: Anthony F. Della Pelle
28 Mar 2011
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

by: Anthony F. Della Pelle
23 Mar 2011
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

by: Anthony F. Della Pelle
17 Mar 2011
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

April 1st Tax Appeal Deadline Approaching

by: Anthony F. Della Pelle
16 Mar 2011
Property owners looking for ways to reduce expenses may consider filing an appeal of the property’s 2011 local property tax assessment.  The New Jersey Tax Court and County Boards of Taxation are flooded with appeals filed by owners who are asserting that their property values have declined and that a reduction of a property’s assessment and taxes is warranted... Read More

Jury Awards $3.75 Million for Taking of Morris County Diner

by: Anthony F. Della Pelle
16 Mar 2011
A Morris County jury yesterday awarded $3,750,000 to the owner of the Traveler’s Diner in Dover, as just compensation for the taking of its property by the New Jersey Department of Transportation.  The NJDOT, which acquired the property in 2008 via eminent domain to improve the intersection of Routes 46 and 15, had originally estimated... Read More

Another Inverse Condemnation Complaint Bounced

by: Anthony F. Della Pelle
7 Mar 2011
A New Jersey appeals court recently affirmed the dismissal of an inverse condemnation complaint filed by a property owner against the Township of Mount Laurel, which asserted that a resolution adopted by the Township amounted to a total regulatory taking of his property.  Carroll v. Township of Mt. Laurel, Superior Court of New Jersey, Appellate... Read More

Proposed Legislation Could Impact Relocation Assistance

by: Anthony F. Della Pelle
26 Feb 2011
Bills introduced in both the Assembly and the Senate would make various changes to the process used when the Office of Administrative Law (OAL) hears a contested case involving certain state agencies.  The bill would permit the Director and Chief Administrative Law Judge of the OAL, and administrative law judges (ALJ) to issue oral decisions under... Read More

Can Business Goodwill be Recovered in Eminent Domain Cases?

by: Anthony F. Della Pelle
24 Feb 2011
“Recovering Business Goodwill in Condemnation Cases” was published by the ABA Section of Litigation–Condemnation, Zoning & Land Use Litigation Committee in its Winter 2011 edition.  The article examines case law and statutes from across the United States to discuss common exceptions to the general rule that a business may not recover “profits” after its property... Read More

Tax Exemption does not require “lawful use” under zoning ordinance

by: Anthony F. Della Pelle
23 Feb 2011
A New Jersey appellate court reversed a State Tax Court judge’s opinion by holding that N.J.S.A. 54:4-3.6 does not require that a property be used in a manner permitted by a municipality’s zoning ordinance.  The subject property consisted of a two and one-half story home which had previously housed nuns in connection with an adjoining school. ... Read More