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Former Governor weighs in on property tax exemptions
In a recent opinion piece, former New Jersey Governor Tom Kean criticized the decision of the New Jersey Tax Court that found Morristown Memorial Hospital is a for-profit enterprise and upheld the denial of a local property tax exemption on all but a few areas of the hospital’s facilities. Governor Kean referred to the decision... Read More
Taxpayers Challenging Princeton Univ. Exemption Get a Hall Pass
As some may recall, a group of property owners in Princeton filed complaints in the Tax Court challenging the property tax exemption for properties owned by Princeton University. Faced with a $25,450 bill, plaintiffs in Kenneth Fields, et al v. Trustees of Princeton University were on the verge of having their complaints administratively dismissed for... Read More
Morristown Booming with Redevelopment
This is kind of an off topic post … but generally fits within the purview of redevelopment. Having grown-up in Colonial Morristown with its historic Green; and National Historic Parks (Washington’s Headquarters and Jockey Hollow), and having returned for the practice of law, I am amazed at the transformation that has occurred over the past... Read More
Court of Claims Awards Leaseholder Awards $170M After Inverse Condemnation Trial
A quick hit – The United States Court of Federal Claims recently awarded two leaseholders over $170M for the taking of their leasehold interests at Dallas Love Field Airport. A full copy of the long opinion is here. The nascence of the claim goes all the way back to construction of the Dallas-Forth Worth International Airport... Read More
Neither Side Convinces the Tax Court, Assessments Ultimately Affirmed
Plaintiffs, Palisadium Management Corp and Carlton Corp., appealed the Borough of Cliffside Park’s assessment for their property for tax years 2011, 2012, and 2013. The properties under appeal were two separately taxed lots that operated as a single economic unit. The property is collectively known as the Palisadium which consists of a banquet facility overlooking... Read More
Atlantic City’s Woes Deepen as Borgata Wins in Property Tax Battle
Borgata filed tax appeals challenging the property assessment for tax years 2011, 2012, 2013, 2014, and 2015. On June 30, 2014, Atlantic City and Borgata entered into a settlement agreement wherein the original assessments for tax years 2011, 2012, and 2013 were reduced and, as a result, Borgata was entitled to refund of approximately $88... Read More
Despite Expert Testimony, Taxpayer Unable to Overcome Onerous Burden of Proof
New Jersey taxpayers should be well aware of the presumption of validity/correctness that attaches to original assessments and judgments of the county boards, and also that the taxpayer always carry the burden of proving that the assessment is wrong. Overcoming the initial presumption, however, can be accomplished by providing some form of credible evidence. For... Read More
Adoption of Rehabilitation Plan in Woodbridge Not A Taking (D.N.J.)
From the United States District Court comes a new opinion from Judge Chesler, but there’s nothing new in the precedent cited denying a property’s owner’s claim of “inverse condemnation.” Simply stated, an inverse condemnation case is a procedure for a property owner to secure just compensation where government has taken private property for public use... Read More
Valuing Contaminated Property Continues to be Difficult in Tax Appeals
In ACP Partnership v. Garwood Borough, the Tax Court was asked to revisit the holding of our Supreme Court’s decision in Inmar Assocs., Inc. v. Bor. of Carlstadt. The Supreme Court in Inmar recognized that environmental remediation costs have an impact on the assessment valuation process. However, regardless of the cost associated with remediation of... Read More
NJ Sports Authority Threatening to Take Municipal Landfill
The NJ Sports and Exposition Authority, which runs the Meadowlands’ Sports Complex; New Jersey’s horsetracks; and now the former New Jersey Meadowlands Commission (itself the successor to the Hackensack Meadowlands Development Commission); recently advised the Town of Kearny that it intends to seize the Keegan Landfill by eminent domain. It appears that NJSEA has... Read More
