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Property Owner is Injured But Has No Remedy at Law

by: Joseph Grather
1 Aug 2013
Berardi I (Tp of Pemberton v. Berardi, 378 N.J. Super 430 (App. Div. 2005)). On September 30, 2002, the Township of Pemberton commenced a condemnation action to acquire property owned by the Berardis within a designated redevelopment zone in the municipality.  Contemporaneous with the commencement of the action, the Berardis filed an applications with the... Read More

Valuing contaminated properties – “in use” or ”not in use”, that is the question. . . .

by: Richard De Angelis
31 Jul 2013
In Orient Way Corp. v. Township of Lyndhurst, the New Jersey Tax Court was confronted with the issue of valuation for local property tax purposes real property impacted by environmental contamination. This matter involved tax appeals for 2006 through 2008 on an old industrial property where the issue of contamination was undisputed. Also, undisputed was... Read More

Property Owner's Challenge to Montclair Redevelopment Plan Denied

by: Joseph Grather
30 Jul 2013
On July 26, 2013, the Appellate Division issued an unpublished opinion in Grabowsky v Township of Montclair.  In May 2012, the Township adopted an ordinance amending a redevelopment plan to permit an assisted-living facility on the Church Street site.  Grabowsky filed an action challenging the ordinance adoption, which was rejected by the Law Division in... Read More

Atlantic City Revel Hotel and Casino Redevelopment Keeps Residents Moving

by: Joseph Grather
24 Jul 2013
The Casino Reinvestment Development Authority has been slowly acquiring private property through exercise of eminent domain to “redevelop” the areas near the year-old Revel Hotel and Casino.  According to a recent article by the Standard Times Go San Angelo, the redevelopment has progressed slowly because revenue from the Revel was supposed to fund a $50... Read More

Karan and Dune Replenishment: Where Do We Go From Here?

by: Anthony F. Della Pelle
16 Jul 2013
Last week, the New Jersey Supreme Court threw its hat into the ring in the controversy between New Jersey’s municipalities and beachfront property owners regarding the construction or replenishment of sand dunes to protect the shore from future storms.  This dispute has been going on for years, but has become front page news since Superstorm... Read More

Bergen County Hospital: Exemption Safe or on Thin Ice?

by: Anthony F. Della Pelle
15 Jul 2013
A recent opinion by New Jersey Tax Court Judge Christine Nugent concluded that a long-time Bergen County hospital could remain exempt from local property taxation, but directed further proceedings to determine if the exemption would, in fact stand.  The hospital, formerly known as the Bergen Pines County Hospital in Paramus, has been operated by a... Read More

“Faulty” Highest and Best Use Analysis Dooms Tax Appeal

by: Richard De Angelis
12 Jul 2013
In a recently published opinion, the New Jersey Tax Court reminded appraisers of the importance of the highest and best use analysis.  The case, Clemente v. South Hackensack, involved a challenge to the property tax assessment for tax years 2009, 2010 and 2011 on a building which houses the Clemente Italian Bakery & Deli, a... Read More

Appellate Court: Contract Purchasers Have Standing to File Tax Appeal

by: Anthony F. Della Pelle
11 Jul 2013
The New Jersey Appellate Division reversed a Tax Court judge’s decision to dismiss a contract purchaser’s tax appeal because the purchaser was not the owner of the subject property at the time the appeal was filed.  The property was under a contract of sale in December 2011 with an expected closing date of February 2012. ... Read More

NJ Supreme Court Erodes Special Benefits, Like the Dunes

by: Anthony F. Della Pelle
8 Jul 2013
This morning, the New Jersey Supreme Court has issued its much-anticipated decision in the dune replenishment case, Borough of Harvey Cedars v. Karan, which was argued this May. A copy of the decision is available here. This opinion is hot off the press and we are reading it now, but the Court has reversed the... Read More

Appellate Court Gives Property Owner and State Second Chance

by: Joseph Grather
27 Jun 2013
On June 25, 2013, the a New Jersey appellate court reversed a trial court decision in State v. Shalom Money Street and remanded for trial.  The primary issue on appeal was whether the Superior Court had the authority to reinstate a condemnation commissioners’ award where both parties appealed the award for a jury trial de... Read More