BLOG: Property Tax Appeal

Property Owner’s Appeal Dismissed for Failure to Follow Court Rules

by: Anthony F. Della Pelle
17 Sep 2010
The Appellate Division affirmed a New Jersey Tax Court judge’s decision to dismiss a property tax appeal for lack of prosecution after the property owner failed to offer any proofs to establish fair market value at trial.  The property owner, a practicing attorney with 30 years of experience, argued that the taxes should be lowered... Read More

Local Property Taxes Likely to Increase Due to Budget Cuts at State Level

by: Anthony F. Della Pelle
3 Sep 2010
Property taxes will be higher in 379 New Jersey towns this year according to an article in the Asbury Park Press .  According to the APP, the average property tax bill will be $7,694.  The article highlights how property owners have voiced their frustrations at town council hearings, and how property owners’ frustrations will likely... Read More

Hospital’s Off-Site Physical Therapy Center Granted Property Tax Exemption

by: Richard De Angelis
2 Sep 2010
A New Jersey appellate court has held that Hunterdon Medical Center (“HMC”) is entitled to a local property tax exemption for that portion of an off-site Health and Wellness Center (“Wellness Center”) operated by HMC to provide physical therapy (“PT”) service. HMC also provides cardio-pulmonary rehabilitation (CP Rehab) at the Wellness Center, which is located... Read More

Tax Court Lacks Authority to Reduce Tax Payments and Penalties During Pending Appeals

by: Anthony F. Della Pelle
30 Aug 2010
The Presiding Judge of the New Jersey Tax Court recently held that N.J.S.A. 54:3-27 and N.J.S.A. 54:51A-1 do not authorize the court to reduce a taxpayer’s ongoing local property tax obligation and eliminate interest and penalties for failure to pay the total taxes due to the municipality.  Plaintiff filed a motion seeking a reduction in... Read More

Lyndhurst Borrows Nearly $4 Million to Refund Successful Tax Appeals

by: Anthony F. Della Pelle
18 Aug 2010
The Township of Lyndhurst introduced a $3.75 million bond ordinance last week to refund taxpayers who pursued successful property tax appeals between 2006 and 2009.  Officials cite successful commercial appeals as creating the largest exposure for the Township.  According to Mayor Richard DiLascsio, “Our biggest hit came from the Meadowlands. When you see someone come... Read More

New Jersey Supreme Court Grants Certification for Non-Profit Exemption Issue

by: Thomas Olson
13 Aug 2010
 The New Jersey Supreme has agreed to hear a property tax exemption case, where it will decide whether the International Schools Services, Inc., a non-profit organization, which aids and promotes independent educational associations, forfeited its local property tax exemption under N.J.S.A. 54:4-3.6 by using some of its reserves, staff, and property to subsidize its related... Read More

Municipalities Reassessing Properties Despite Recent Revaluations

by: Anthony F. Della Pelle
10 Aug 2010
A recent article in the Star-Ledger highlights the large number of towns that are having their local tax assessors conduct reassessments, despite having recently hired private companies to conduct town-wide revaluations.  Many towns conducted revaluations during the real estate boom, but are now trying to bring property assessments back in line with market values.  Revaluations... Read More

Tax Break Denied to Developer in Jersey City

by: Anthony F. Della Pelle
9 Aug 2010
 After purchasing the site known as 77 Hudson in 2006 for $65 million, developer K. Hovnanian recently had its lawsuit seeking a better tax abatement dismissed with prejudice by a Superior Court judge.  The project first gained notoriety when one of the project’s units sold for $6 million several years ago.   K. Hovnanian sought a... Read More

Appeals Court Affirms Limited Scope of Correction of Errors Statute in Local Property Tax Assessments

by: Richard De Angelis
13 Jul 2010
A New Jersey appeals court affirmed the State tax court’s grant of summary judgment in favor of the municipality against a taxpayer’s claim that he was entitled to lower property tax assessments for the tax years 2005 through 2008 under the Correction of Errors Statute, N.J.S.A. 54:51A-7. That statute provides, in part, that the tax... Read More

New Legislation Could Deny Property Owners Full Refund of Excess Taxes Up to Three Years

by: Anthony F. Della Pelle
12 Jul 2010
 According to a recent article in the Asbury Park Press , Assembly Bill No. 3056, as introduced June 24, 2010, would allow municipalities to reimburse the payment of excess taxes over three years.  A Statement appended to the bill adds that “[t]his legislation is intended to relieve municipalities of the burden of paying property tax... Read More