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Tax Court: Added/Omitted Assessment Law Does Not Apply to Property Which Loses Exemption

by: Allan Zhang
22 Jan 2021
A recent decision by Presiding Tax Court Judge Mala Sundar found that the Added and Omitted Assessment Law did not apply when an exempt property became non-exempt. Instead, the applicable law was the “Exemption Cessation” statute. The basis of this action stemmed from previously tax-exempt property that Centrastate Healthcare Services Inc. (“CHSI”) (a for-profit entity)... Read More

Tax Court Rejects “Income Approach Valuation” And Cost Estimating Software In Valuing Nursing Home

by: Anthony F. Della Pelle
20 Jan 2021
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

Trials in the Age of COVID/SARS-2

by: Joseph Grather
18 Jan 2021
As most New Jersey trial lawyers would know, ^ is a picture of the Hudson County Courthouse, which was built over a century ago. (click here for a detailed history of the building by jerseydigs).  It is one of the most impressive and beautiful courthouses in the entire State.  It was renamed the William J.... Read More

Functional Units and A New Year

by: Joseph Grather
7 Jan 2021
Rolling into a New Year here in Morristown after enduring a 14 day SARS-2/COVID-19 quarantine isolation. Sound familiar? I bet. So, what do condemnation lawyers think of while sitting in isolation? Real estate valuation and property rights issues, of course!  With that in mind, here’s a good one: what happens when your client’s private property... Read More

Caveat Emptor: Applies to Tax Sale Certificate Buyers Too!

by: Anthony F. Della Pelle
3 Jan 2021
An “experienced” tax sale certificate investor was recently rebuffed in efforts to seek rescission of tax sale certificates it purchased, and refunds of property taxes it paid on property which turned out to have little value compared to the investor’s anticipated value of the property.  In Garden State Investment v. Brick Township, the investor, which... Read More

This Just In: Property Owners May Not Have To Pay Taxes To File A Tax Appeal!

by: Allan Zhang
4 Dec 2020
A recent New Jersey Tax Court case discussed the issue of standing to file a tax appeal. The Court concluded that a titleholder of property maintains standing as an “aggrieved taxpayer” even if the titleholder is not making direct or indirect tax payments. The party making the tax payments also has standing as an aggrieved... Read More

Paterson Getting $6MM In Property Taxes From St. Joseph’s Hospital

by: Anthony F. Della Pelle
2 Dec 2020
The City of Paterson recently entered into an agreement with St. Joseph’s Hospital which settled a pending property tax dispute between the parties dating back to 2016. The settlement results from the City’s actions to remove St. Joseph’s historic property tax exemption, and to place the hospital’s properties on the City tax rolls after a... Read More

Tax Court “Joins” Government Entities In Case Of First Impression

by: Allan Zhang
25 Nov 2020
In Metz Family LTD. Partnership v. Twp. of Freehold, the New Jersey Tax Court recently analyzed whether the Chapter 123 “equalization” ratio should apply under relevant state law, N.J.S.A. 54:51A-6, to the value determinations made by the Court. In addition Tax Court Judge Mala Sundar’s recent opinion ruled on the motions filed by the defendant,... Read More

Tax Court Denies Motion To Compel Discovery Again, And Again.

by: Anthony F. Della Pelle
18 Nov 2020
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 Affirms Earlier Determination of Truck Stop Property Value on Remand

by: Anthony F. Della Pelle
12 Nov 2020
New Jersey Tax Court Judge Mary Brennan issued an opinion last week which clarified and affirmed a 2018 decision she made concerning a tax appeal by the owner of a truck stop/travel center property near Interstate Route 78 in Bloomsbury Borough.  The case, HPT TA Properties Trust, F.K.A. Travelcenters Properties, LP v. Bloomsbury Borough,  involved... Read More