BLOG: Property Tax Appeal

Neither Side Convinces the Tax Court, Assessments Ultimately Affirmed

by: Daniel Kim
4 May 2016
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

by: Daniel Kim
11 Apr 2016
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

by: Daniel Kim
5 Apr 2016
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

Valuing Contaminated Property Continues to be Difficult in Tax Appeals

by: Daniel Kim
30 Mar 2016
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

Borough Underassesses Property for Years, Unable to Recoup with Omitted Assessment

by: Daniel Kim
21 Mar 2016
In a recent Tax Court decision, the Borough of Franklin Lakes’ attempt to raise an assessment from $12 million to $20 million by imposing an omitted assessment was denied by the court.  The subject property in dispute is located at 100 Sterling Drive in Franklin Lakes, and plaintiff had purchased the property back in 2007... Read More

State and Township Clash Over Property Tax Exemption

by: Daniel Kim
8 Mar 2016
The Tax Court of New Jersey recently issued a ruling resolving a property tax exempt dispute concerning approximately 400+ acres of land in Monroe Twp. purchased by the New Jersey Turnpike Authority (“NJTA”).  As some may be aware, the NJTA has been involved in a project to widen and reconfigure a portion of the Turnpike from interchange... Read More

Tell the Truth and Nothing But the Truth, or Get Dismissed!

by: Daniel Kim
2 Mar 2016
We have emphasized many times on our blog about the importance of responding to the assessor’s annual request for income and expense information for income-producing properties, commonly referred to as a Chapter 91 request.  A property owner’s failure to respond is frequently cited as the basis for dismissal for many appeals involving income-producing properties.  However, usually any effort... Read More

Court Forces Plaintiff to Disclose Unconsummated Contract of Sale

by: Daniel Kim
17 Feb 2016
In Broadway-Somerset, LLC v. Twp. of Franklin, the parties were in dispute over the disclosure of an unconsummated contract for the sale of the subject property.  During the course of discovery in plaintiff’s 2015 tax appeal, plaintiff disclosed in its answers to Interrogatories that “[a] confidential contingent agreement to sell the property exists, but a... 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

Turning a “Blind Eye” to Property’s Actual Use Sinks Taxpayer’s Appeal

by: Daniel Kim
2 Feb 2016
The New Jersey Tax Court’s recent decision in Forsgate Ventures IX, LLC v. South Hackensack mirrored many aspects of the its earlier opinion in Clemente v. South Hackensack from 2013, and again reminded appraisers of the importance of the highest and best use analysis.  Forsgate challenged the assessments imposed by South Hackensack for tax years 2009, 2011,... Read More