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Omitted Assessment Tossed — “Error” in Setting Value Not an Erroneous Omission

by: Richard De Angelis
8 Jun 2017
New Jersey’s omitted assessment law allows a municipal tax assessor to go back one year in the event an assessment on a property was inadvertently omitted from the tax rolls (Yes, it does happen. I once had a client that owned an office building that was assessed at over $4 million for which the assessment was simply... Read More

Rite Aid Goes the Wrong Way In Tax Appeal

by: Richard De Angelis
25 Apr 2017
In a recent opinion the New Jersey Tax Court affirmed the assessment on a Rite Aid pharmacy for tax years 2009 and 2010 after rejecting every aspect of the testimony offered by its appraiser. The Court found that the appraiser for the Borough of Roselle offered a more credible opinion of value. Rite Aid’s appraiser... Read More

To Survive in NJ Tax Court – Forget Trust, Just Verify

by: Richard De Angelis
17 Jan 2017
In yet another opinion affirming a local property tax assessment, the New Jersey Tax Court found insufficient data upon which it could make a determination of value. In the unreported decision of VBV Realty LLC v. Scotch Plains Township, issued earlier this month (for copy of decision click here), the court considered a challenge to... Read More

Déjà vu all over again – Taxpayer fails to overcome presumption of correctness.

by: Richard De Angelis
19 Sep 2016
The New Jersey Tax Court recently issued another opinion finding that a taxpayer failed to overcome the presumption of correctness that attaches to a real property tax assessment.  While we have, in the past, expressed frustration with the seemingly endless run of decisions that raise the bar for taxpayers, the Court had little choice here. ... Read More

Sales Approach Rejected in Valuing Rental Property

by: Richard De Angelis
11 Jul 2016
In reviewing a recent decision by the Honorable Patrick DeAlmeida, the Presiding Judge of the New Jersey Tax Court, the first thing that jumps out is the large reductions — approximate $1.84 million in reduced assessments for each of the years under appeal.  The appeal involved a free-standing Barnes & Noble store in Evesham Township brought by the retailer, a... Read More

Former Governor weighs in on property tax exemptions

by: Richard De Angelis
15 Jun 2016
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

Tax Court Gives Cold Shoulder to Freeze Act Application.

by: Richard De Angelis
9 Feb 2016
  In a recent unpublished opinion, Newton West Ltd. v. Town of Newton, the Tax Court denied a motion for the application of the Freeze Act, N.J.S.A. 54:51A-8.  Under the Freeze Act, a judgment by the Tax Court is “conclusive upon the municipal assessor” for the year under appeal and the next two years immediately... Read More

Throwin’ a dog a bone – Tax Court reduces assessment on dog kennel despite owner’s sloppy case.

by: Richard De Angelis
7 Sep 2015
Despite what the Tax Court found to be a sloppy appraisal report by the property owner’s appraiser, the court granted modest reductions on a small warehouse/truck terminal currently used as a dog kennel. In Glow Properties v. Borough of N. Arlington, the court again reiterated its long-standing holding that the income approach is the most... Read More

Credit agency watching hospital tax exemption case

by: Richard De Angelis
10 Jul 2015
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

by: Richard De Angelis
1 Jul 2015
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