BLOG: Property Tax Appeal

Fore! State-Owned Golf Course Ruled Tax Exempt Due to Public Purpose Law

by: Thomas Olson
2 Aug 2019
The New Jersey Tax Court in Cream Ridge Golf, LLC, et. al., v. Township of Freehold examined whether a state-owned golf course (which is tax exempt) loses its exemption by leasing the property to a private entity for profit, then is the private entity also tax exempt? The Court said so long as the golf... Read More

Who’s Got it Right? Court Finds Aging Corporate Center No Longer Holds Preeminence it Once Did and Was Not a Special Purpose Property

by: Thomas Olson
2 Jul 2019
ML Plainsboro LTD Partnership/Gomez v. Plainsboro revolved around the highest and best use of two lots located at 800 Scudders Mill Road in Plainsboro. When the two lots were built by Merrill Lynch from 1985-1994, it was designed to be a premier corporate campus. It featured an office building with a fitness center and cafeteria... Read More

Appeals Court Finds Restaurant on University Campus Tax Exempt Due to Colorful Arguments

by: Thomas Olson
1 Jul 2019
On May 31, 2018, the Tax Court of New Jersey held that a restaurant operated on Kean University’s campus did not constitute a university space and therefore was liable for local property taxes. Exactly one year later, an Appellate Division decision reversed the Tax Court decision and ruled that space on Kean University’s campus was... Read More

Catch 22: Court to Reexamine Williamson County and Federal Fifth Amendment Taking Rights

by: Thomas Olson
14 Aug 2018
In Knick v. Scott, the United States Supreme Court will be analyzing a local ordinance adopted by the Township of Scott, Pennsylvania, which provides public access to cemetery properties. According to the ordinance, even if the cemetery is on private property, the property owner must allow public access onto the property to permit the public... Read More

Not Timely Enough: Township’s Chapter 91 Motion to Dismiss Denied after Request Sent too Late

by: Thomas Olson
17 Jul 2018
Chapter 91 has proved to be an effective tool for municipalities to protect themselves from tax appeals. Chapter 91 provides that when a municipality sends a request for income and expense information to a property owner pursuant to the statute, the owner must respond within forty-five days. If the property owner does not respond within... Read More

New Jersey Supreme Court Grants Certification for Non-Profit Exemption Issue

by: Thomas Olson
13 Aug 2010
 The New Jersey Supreme has agreed to hear a property tax exemption case, where it will decide whether the International Schools Services, Inc., a non-profit organization, which aids and promotes independent educational associations, forfeited its local property tax exemption under N.J.S.A. 54:4-3.6 by using some of its reserves, staff, and property to subsidize its related... Read More

Appeals Court Upholds Limit on Homestead Rebate Qualification

by: Thomas Olson
5 Dec 2009
A New Jersey appellate court recently affirmed the decision of New Jersey Tax Court Judge Joseph C. Small, P.J.T.C. (now retired), for the reasons expressed in Judge Small’s published decision at 24 N.J. Tax 141 (2008), which held that a resident may not tack previous time living at a residence with time spent at their current... Read More

Tax Court Clarifies Taxpayers’ Need to Pay Property Taxes While Under Appeal

by: Thomas Olson
7 Oct 2009
The New Jersey Tax Court has recently clarified the longstanding statutory requirement that a taxpayer must pay its outstanding taxes prior to filing a tax appeal.  In a case of first impression, the Tax Court ruled that the requirement to pay taxes and municipal charges, as a condition to filing and maintaining a tax appeal under... Read More

Taxpayers’ Spot Assessment Claim Denied

by: Thomas Olson
23 Feb 2009
The dismissal of a taxpayers’ challenge to their residential property tax assessment on the basis that it was an unconstitutional “spot assessment” was upheld on appeal for procedural reasons.  Schwartz v. Township of Wayne, Superior Court of New Jersey, Appellate Division, Docket No. A-3756-07T2.  The homeowners, Douglas and Mary Ann Schwartz, appealed their 2006 assessment,... Read More