Wisconsin Supreme Court: No Need to Stay at Home Any More!
Late yesterday, the Wisconsin Supreme Court issued a 161-page opinion striking down Democratic Governor Tony Evers’ “stay at home” Executive Orders, marking the first-known high court victory for challengers to the shutdown orders issued by Governors and other executives around the country. The 4-3 decision was lauded by local Republicans and small business owners as... Read More
Shipyard Associates Wins Big Against Hoboken
While not a condemnation case per se, the Supreme Court’s May 5th Opinion in Shipyards Assoc. v. Hoboken may be useful in a future valuation case. In short, the owner rec’d approvals in 1997 for residential development of its waterfront property in Hoboken. They build most of the project in conformity with its approvals, except... 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
NJ Shutdown Challenge – I Can’t Rent My Beach House!
The first apparent challenge to New Jersey’s shutdown orders was filed this week by a Pennsyvlania doctor, who alleges that Governor Murphy’s Executive Orders have resulted in a taking of his Margate beach house – because the orders prohibit seasonal beach rentals and, as a result, he was required to refund a deposit on a... Read More
On Blueberry Hill – Property Owner Seeks Injunction from US Supreme Court
Not very sexy to sing ‘I found my thrill on Blueberry Hill Public Golf Course & Lounge’, but these are strange days indeed. The name of the case is actually “Friends of Danny DeVito v. Tom Wolf” but if I were the property owner’s lawyer I would have led with Blueberry Hill…. I digress. This... Read More
Property Rights Trampled by COVID-19
The United States District Court for the Northern District of Florida just denied a temporary injunction to a group of beachfront property owner’s suing to enjoin a governmental Order that temporarily and totally denied their use and enjoyment of private property. The Order denied access to the owners private beach. If you have 5 minutes,... Read More
Town Looks Gift Horse in Mouth – Gets Bitten
NJSEA v. Kearny A recent Appellate Division decision affirmed a trial judge’s award of just compensation concerning the taking by a State agency of a municipal landfill in Kearny. The award matched the amount of the condemning agency’s appraisal, and both the trial and appellate court’s rejected entirely the municipal property owner’s theory of value. ... Read More
Tax Appeals – Must Provide Sufficient Evidence
A recent Tax Court opinion by Judge Mala Sundar provides another example of the sufficient evidence necessary to successfully challenge a tax assessment at the Tax Court level. Here, pro se plaintiff, Leena Aggarwal (“Aggarwal”), filed a tax appeal with the Monmouth County Tax Board to reduce the $456,700 assessment on his single-family colonial. Aggarwal... Read More
NJ’s Newest Executive Order Forecasts Future Emergency Seizures and Commandeering
On April 2, 2020, New Jersey Governor Phil Murphy signed Executive Order #113, which follows his prior Orders in our current state of emergency, and authorizes the NJ Office of Emergency Management and Department of Health to utlize provisions of the NJ Civil Defense and Disaster Conrol Act “take or use personal services and/or real... Read More