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New Jersey Dipping Its Toes Into Underwater Mortgage Pool?

by: Anthony F. Della Pelle
9 Dec 2013
This week, two separate New Jersey related stories surfaced regarding the potential use of eminent domain to seize “underwater” mortgages. First, the city of Newark has indicated that it will begin researching the viability of a plan to condemn troubled mortgages in an effort to allow struggling homeowners to stay in their homes.  Newark is... Read More

Arkansas Game Remand Equals Just Compensation for Property Owner

by: Joseph Grather
6 Dec 2013
Almost a year to the date after the Supreme Court issued its opinion in Arkansas Game and Fish Commission v. United States, the Circuit Court of Appeals for the Federal Circuit found that the governmental taking caused by an Army Corps controlled flooding program was compensable. The Circuit Court “affirm[ed] the judgment of the Court... Read More

Harrison Township Amendment to Redevelopment Plan Affirmed on Appeal

by: Joseph Grather
26 Nov 2013
In an unpublished per curiam opinion, the Appellate Division affirmed dismissal of a property owner’s challenge to a municipal ordinance adopting an amended redevelopment plan. Mullica Hills Supermarkets, LLC v. Harrison. The background followed the familiar redevelopment path.  An area was designated “in need of redevelopment” in 2008, and a redevelopment plan was adopted contemporaneous... Read More

All or Nothing: Appeals Dismissed for Failure to Challenge Overall Assessment by Tenant

by: Anthony F. Della Pelle
20 Nov 2013
Plaintiff/Tenant Brunswick Hills Racquet Club timely filed tax appeals for tax years 2011, 2012, and 2013.  East Brunswick Township moved to dismiss all years under appeal after plaintiff conceded that it was not contesting the total assessed value of the shopping mall where it was located, but was instead only challenging the values allocated to... Read More

Bad penmanship not “good cause” to compel production of tax returns

by: Anthony F. Della Pelle
19 Nov 2013
In Robmar Realty Assoc. v. Rockaway Twp. the Tax Court upheld the policy of protecting tax returns from disclosure in litigation unless the information is clearly relevant to the subject matter of the action. In Robmar, the court denied the Township’s motion to compel copies of plaintiff’s tax returns. While not apparent from the moving papers,... Read More

Mt Holly Gardens Case Settles Before USSCT Review

by: Joseph Grather
18 Nov 2013
As recently reported by the New York Times, the infamous Mt Holly Gardens redevelopment/discrimination case settled before the United States Supreme Court heard argument scheduled for December 4, 2013. The Supreme Court granted certiorari back in June, and the case was eagerly anticipated by Civil Rights groups across the nation. Olga Pomar of South Jersey Legal Services... Read More

Wegman’s Ducks Landlord’s Attorneys’ Fee Claim Following Successful Tax Appeal

by: Anthony F. Della Pelle
15 Nov 2013
Wegmans Food Markets Inc. is no longer on the hook for nearly $58,000 in attorneys’ fees related to a tax appeal after a two-judge panel from the New Jersey Appellate Division agreed that the owner of shopping center could not collect the fees as additional rent.  Another tenant in the shopping center, Lowes Home Center,... Read More

Hoboken Property Owner's Inverse Condemnation Claim Fails

by: Joseph Grather
13 Nov 2013
In a two-judge unpublished opinion (full text here), a New Jersey appeals court reviewed a property owner’s claim that the City’s tactic – of threatening acquisition by eminent domain during land use proceedings – was a taking of private property warranting payment of just compensation. (100 Paterson Realty, LLC v. City of Hoboken, Docket No.... Read More

Apartment Complex Wins Assessment Reductions at Trial

by: Anthony F. Della Pelle
12 Nov 2013
A New Jersey Tax Court judge reduced the assessment for two of the three years under appeal on an apartment complex in the Town of Phillipsburg.  The Subject Property contained 96 apartment units on a 4.19 acres parcel in a residential zone.  At trial, the parties agreed that the highest and best use of the... Read More

Supreme Court Fails to "c" Property Owner's Argument on Variance

by: Anthony F. Della Pelle
11 Nov 2013
The New Jersey Supreme Court recently considered whether it was proper, at a trial to determine just compensation, to allow a jury to hear evidence regarding the likelihood of a zoning approval without having the trial court first determine, outside of the jury’s presence, that there was a reasonable probability of such approval.  The issue... Read More