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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

Luxury Homeowners Lose Tax Appeal at the Appellate Division

by: Anthony F. Della Pelle
1 Sep 2015
The Appellate Division yesterday affirmed the lower court’s decision affirming the 2008 property assessment of a 55,000 sq. ft. estate in Moorestown.  The subject property, known as “Villa Collina,” boasts approximately 55,542 sq. ft. of improvements, and 29,236 sq. ft. of living space situated on approximately 7.2 acres, which is part of a larger 44... Read More

Court Denies Two Motions to Dismiss Taxpayers’ Appeals

by: Anthony F. Della Pelle
28 Aug 2015
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

by: Joseph Grather
20 Aug 2015
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

by: Anthony F. Della Pelle
17 Aug 2015
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

by: Anthony F. Della Pelle
29 Jul 2015
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

Failed Redevelopment Site Succeeds in Tax Appeal

by: Anthony F. Della Pelle
29 Jul 2015
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... Read More

Underwater Mortgages – At the Bottom of the Sea?

by: Anthony F. Della Pelle
23 Jul 2015
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

by: Joseph Grather
20 Jul 2015
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

by: Anthony F. Della Pelle
16 Jul 2015
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