BLOG: Property Tax Appeal

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

Taxpayer’s Appeal Allowed, Despite Objection to Late Service

by: Anthony F. Della Pelle
19 Jun 2010
Motion to Dismiss Tax Appeal Denied After County Tax Board Attempts to Implement Additional Service Requirements In a holding similar to an earlier decision this year — Hopatcong Fuel On You, LLC v. Hopatcong Borough, __ N.J. Super. __ (Tax 2010) — New Jersey Tax Court Judge Vito L. Bianco denied a municipality’s motion to dismiss a taxpayer’s appeal, where... Read More

NJ Courts Deny Property Tax Exemption

by: Richard De Angelis
12 Jun 2010
In two recent separate cases, both the Appellate Division of the New Jersey Superior Court and the New Jersey Tax Court have denied local property tax exemptions to not-for-profit organizations. In International Schools Services, Inc. v. West Windsor Township, 412 N.J. Super 511 (App. Div. 2010) the Appellate Division held that a 501(c)(3) tax exempt organization did... Read More

Appeals Court Upholds Freeze Act Protection From Added Assessment

by: Richard De Angelis
10 Jun 2010
In an unpublished opinion released last week, Fifth Roc Jersey Associates, L.L.C. v. Town of Morristown, Docket No. A-5643-08T3 (App. Div. June 8, 2010), a New Jersey appeals court upheld a Tax Court decision granting a taxpayer’s application for “Freeze Act” protection against an added assessment. The property in question is a hotel in Morristown’s... Read More

Tax Court Expands Rights of Residential Taxpayers in Presenting Cases Before County Boards of Taxation

by: Richard De Angelis
7 May 2010
As hearings before County Boards of Taxation throughout the State get underway for 2010 tax appeals, the New Jersey Tax Court has provided some clarification on what evidence is admissible in these proceedings, and limits the authority of a County Board to dismiss for lack of prosecution (“LOP”).   In Austin v. Township of Pemberton, Judge... Read More

Atlantic City Appeals Roll On Without Conflict

by: Anthony F. Della Pelle
28 Apr 2010
According to the recently decided New Jersey Supreme Court case City of Atlantic City v. Trupos, __ N.J. __ (2010), matters are “substantially related” under RPC 1.9 for disqualification purposes if a lawyer received confidential information while representing a former client that can be used in subsequent adversarial representation, or facts relevant from the prior... Read More

New Jersey Supreme Court Issues Three Opinions Regarding Dismissal of Property Tax Cases

by: Anthony F. Della Pelle
23 Mar 2010
The New Jersey Supreme Court recently decided that the timelines in relevant statutes and court rules requiring a town to move to dismiss an appeal do not apply when a taxpayer has knowingly provided false or fraudulent information.  In Lucent Technologies, Inc. v. Twp. of Berkeley Heights, __ N.J. __ (2010), the Court held that the New... Read More