BLOG: Property Tax Appeal
Legislation “Solves” Property Tax Issue For Hospitals
More than five years after a landmark decision by the New Jersey Tax Court that threatened the local property tax exemption enjoyed by non-profit hospitals, the State has finally acted. Under a bill signed by Governor Murphy this week, those hospitals will retain their tax-exempt status but will make a “community service contribution” toward the... Read More
Tax Court Rejects “Income Approach Valuation” And Cost Estimating Software In Valuing Nursing Home
In an appeal of the 180-bed Eagle Rock Convalescent Center in West Caldwell, the Tax Court again rejected the use of the income valuation approach in valuing nursing homes. Using the Income Valuation Approach The Taxpayer argued for a reduction in its property tax assessment due to more than 50% of its population being Medicaid... Read More
Tax Court Denies Motion To Compel Discovery Again, And Again.
In a tax appeal involving a newer Quick Check gas station and convenience store, the defendant, Borough of Raritan, moved to compel additional discovery from the plaintiff. The Borough requested statements relating to the business operations at the property. In support, the Borough argued that the information would assist its appraiser in adjusting comparable properties... Read More
Tax Court Sides with Municipality in Pursuing Tax Appeal to Increase Assessment
The last few years have brought a dramatic escalation in tax appeals filed by municipalities against commercial property owners seeking to increase assessments and, of course, property taxes. Municipalities, especially larger cities such as Newark, Jersey City, and Elizabeth have aggressively pursued such actions, sometimes referred to a “reverse appeals.” But it was an appeal... Read More
Property Tax Exemption Not On The Menu For University Restaurant
The New Jersey Supreme Court recently held in Gourmet Dining v Union Township that a for-profit high-end restaurant housed in a building on the Kean University campus was subject to local property taxation. The defendant, Union Township, appealed from the judgment of the Appellate Division, which reversed the Tax Court’s grant of summary judgment in... Read More
2020 TAX APPEAL FILING DEADLINE SET FOR JULY 1ST
Yesterday Governor Murphy signed Assembly Bill No. 4157 (A4157) to temporarily extend the deadline to file property tax appeals to July 1. The ordinary statutory deadline was April 1 (or May 1 for towns undergoing a revaluation). That deadline had been extended twice before as a result of the Governor’s Executive Orders declaring the current... Read More
Priest Files Shutdown Challenge – Is Governor Thinking About the Bill of Rights Now?
Last week we wrote about the first known challenge to Governor Murphy’s Executive Order shutting down the State in an attempt to slow the spread of COVID-19. The plaintiff there alleged the Order resulted in a taking of his beach house because it prohibits seasonal beach rentals and, as a result, he was required to... Read More
“Thanks” To COVID-19, It’s Not Too Late To File A Property Tax Appeal
Like you, we at McKirdy, Riskin, Olson & Della Pelle, P.C. have had to adapt to the current State of Emergency caused by the COVID-19 virus that has upended our normal routines. First and foremost is that we are all concerned about our health and that of our family and friends, especially those most vulnerable... Read More
“Almost on time” Doesn’t Count For Tax Refund – Tax Court Orders Town to Pay Interest
There is a saying that “early is on time, on time is late and late is unacceptable.” While that is not true in all instances, the New Jersey Tax Court recently found that the payment of a tax refund owed as a result of Judgment issued pursuant to a settlement agreement two days beyond the... Read More
Tax Court Denies City’s Motion to Dismiss for Lack of Prosecution
The Tax Court recently denied a motion by the City of Ventnor to dismiss an appeal brought by a property owner from a judgment of the Atlantic County Board of Taxation. The City claimed the owner failed to prosecute the tax appeal before the County Board when its counsel appeared, but presented no evidence and... Read More
