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Court Denies Two Motions to Dismiss Taxpayers’ Appeals
The Tax Court recently issued decisions denying Franklin Township’s motions to dismiss two taxpayers’ appeals. In 2200 Cottontail Assocs. v. Twp. of Franklin, the Township filed a Chapter 91 motion for plaintiff’s failure to respond to the assessor’s request for income and expense information. As mentioned previously on this blog on numerous posts, a taxpayer’s... Read More
Restrictive Covenant in NY Zoning Approval Presents Prima Facie Case of Regulatory Taking
As reported by our Owners Counsel colleague, Mike Rikon, the New York Appellate Division reversed a Supreme Court ruling that had dismissed a regulatory takings claims in Blue Is. Dev., LLC v Town of Hempstead, 2015 N.Y. App. Div. LEXIS 6363, 2015 NY Slip Op 06488 (N.Y. App. Div. 2d Dep’t Aug. 12, 2015). The property... Read More
Expert’s Comparable Sales Approach Rejected for Rental Property
In a recent trial before the Tax Court, a taxpayer’s appeal challenging the assessment was unsuccessful due to the taxpayer’s failure to overcome the presumption of correctness. As mentioned many times on this blog, the burden of proving that the assessment is erroneous is on the taxpayer. To overcome that burden, the taxpayer must present credible evidence before... Read More
Failed Redevelopment Site Succeeds in Tax Appeal
Property tax issues arise commonly when a property designated for redevelopment fails to become a reality as originally proposed. In Seaboard Landing, LLC (“Seaboard”) v. Borough of Penns Grove (“Borough”), the Borough envisioned a redevelopment plan to revive a struggling commercial area along the waterfront on the Delaware River. In 2003, the Borough issued final site plan... Read More
Underwater Mortgages – At the Bottom of the Sea?
Here is an excellent recent article on the propriety of attempting to use eminent domain to “take” underwater mortgages in various places around the country. Entitled “Eminent Domain for Underwater Mortgages: Already on the Way to the Bottom of the Sea of Bad Ideas” , our Owners Counsel of America colleague Dwight Merriam summarizes what’s wrong with... Read More
From the Virgin Islands – Quick Take Not Reviewable on Appeal
One way to imagine being on the island of St Thomas is to read an opinion of the Supreme Court of the Virgin Islands. This “vacation” is work related because it is a condemnation case. The case is Beachside Associates, LLC v. Virgin Islands Water and Power Authority and was published on June 30, 2015.... Read More
South Plainfield’s Income and Expense Requests Ruled Defective
As discussed many times on this blog, Chapter 91 motions are frequently wielded by municipalities in hopes of dismissing tax appeals on income-producing properties. However, given the extraordinary relief of dismissing a tax appeal, courts have consistently ruled that municipalities must fully comply with all the requirements of N.J.S.A. 54:4-34 (“Chapter 91”) in order to warrant... Read More
Horne v. Dept. of Agriculture: Private Property Rights Trump Government's Raisin Reserve
The U.S. Supreme Court (“SCOTUS”) recently delivered its decision in Horne v. Dept. of Agriculture on the issue of the reserve requirement for raisins under the Agricultural Marketing Agreement Act of 1937 (“AMA”). Our fellow Owners Counsel colleagues from New York and California, Michael Rikon and Robert Thomas, have kept a close watch on the... Read More
Credit agency watching hospital tax exemption case
When we last wrote about the recent decision by the New Jersey Tax Court that stripped Morristown Memorial Hospital of its property tax exemption we said that municipalities and other hospitals across the State would watch closely for the next move in this ongoing battle. Most observers believe that the hospital will most certainly appeal,... Read More
Property tax exemption stripped from Morristown Memorial Hospital
Finding that Morristown Memorial Hospital (the “Hospital”) is a for-profit enterprise, the New Jersey Tax Court upheld the denial of a local property tax exemption on all but a few areas of the Hospital’s facilities located in the Town of Morristown. The Town denied the exemption for tax years 2006 through 2008, previously granted pursuant... Read More
