Appraiser’s Subjective Adjustments Rejected; Owner Loses Appeal

by: Richard De Angelis
8 Jan 2014
In a challenge to a residential property tax assessment for tax year 2011 the New Jersey Tax Court found that plaintiffs failed to provide sufficient competent evidence to overcome the presumption of validity. The plaintiffs in Bogusevich v. Ocean Twp., presented factual and expert testimony to which the township did not object and which the... Read More

Appeal from Dismissal of Exemption Claim Permitted Late in the Game

by: Anthony F. Della Pelle
7 Jan 2014
A property owner’s motion to dismiss a complaint filed by a municipality was recently denied in Twp. of Cranbury v. Princeton Ballet Society.  Princeton Ballet Society (“PBS”) moved to dismiss the complaint filed by Cranbury, suggesting that it was filed past the statute of limitations to do so.  The Township’s complaint alleged that PBS’s property... Read More

Landlord Goes for Broke to Intervene in Tax Appeal by Bankrupt Tenant

by: Anthony F. Della Pelle
6 Jan 2014
The Tax Court decided a case of first impression when it was asked to permit a landlord to intervene in a tax appeal to seek Freeze Act relief after a Bankruptcy Court judge entered an order reducing the assessment of the Subject Property following the entry of a Bankruptcy Court order.  Pathmark, as tenant, filed... Read More

Gideon's Trumpet Continues to Sound

by: Joseph Grather
6 Jan 2014
Gearing up for 2014, I came across a good read in a web magazine published by the International Right of Way Association.  The article is a conversation with a “Fierce Advocate for Just Compensation” – Gideon Kanner, Esq.  Kanner is a professor of law emeritus at Loyola Law School in Los Angeles, and is our... Read More

How to value thee? The NJ Tax Court counts the ways . . . .

by: Richard De Angelis
31 Dec 2013
Under New Jersey law all real property is required to be assessed as of October 1st of the preceding tax year at its “full and fair value,” i.e., what “it would sell for at a fair and bona fide sale by private contract on October 1 [of the pretax year].” So, how do you value... Read More

BMW’s Farmland Assessment Request Veers Off Course

by: Anthony F. Della Pelle
30 Dec 2013
Between 1998 and 2006, BMW permitted a tenant farmer to tend a 20 acre apple orchard which was part of a larger assemblage of property intended to house BMW’s corporate headquarters in the future.  The orchard maintained farmland assessment status during this period, and contained over 200 trees, a body of water used as part... Read More

Rails to Trails Case on Supreme Court Docket

by: Joseph Grather
23 Dec 2013
Signing off on 2013 and looking towards 2014, an interesting case with property rights implications is scheduled for argument before the United States Supreme Court on January 14, 2014.  The case is captioned Marvin M. Brandt Revocable Trust v. United States.   The Court certified the following question for briefing and argument: “This case involves the... Read More

Another Contract Purchaser Wins Right to Pursue Tax Appeal

by: Anthony F. Della Pelle
19 Dec 2013
The New Jersey Tax Court recently held that a contract purchaser had standing to prosecute its tax appeal.  The facts are plain and uncomplicated.  In February 2012, plaintiff entered into a purchase agreement with the property owner that was eventually signed by both parties on March 29, 2012, although the closing did not occur until... Read More

So what does moldy bread have to do with valuing contaminated property?

by: Richard De Angelis
18 Dec 2013
When I was a boy staying at my grandparents shore house I informed my grandfather that we needed bread because there was mold on the loaf we had. He told me to cut out the mold and eat the “good” bread. Needless to say, I went without bread until later in the week when my grandmother... Read More

Tax Court: No Show, No Go!

by: Anthony F. Della Pelle
12 Dec 2013
In Harshad Patel v. Township of Maple Shade, the New Jersey Tax Court granted Maple Shade’s motion to dismiss plaintiff’s 2012 tax appeal complaint for lack of prosecution because plaintiff failed to appear at the scheduled hearing before the Burlington County Board of Taxation.  The facts were not disputed by the parties.  Plaintiff’s attorney faxed... Read More