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Undersized Lot Receives Variance From Court to Avoide Inverse Condemnation Claim

by: Joseph Grather
18 Feb 2014
While not our prototypical condemnation case, a trial judge in Ocean County aptly reversed a local zoning board in Jerman v. Tp. of Manchester (Docket No. OCN-L-1844-13).  If affirmed the zoning board’s denial of a bulk variance that would have zoned the property into inutility; that is, it would have rendered the property valueless and would thereby... Read More

Beach Erosion Caused by Jetties May Constitute a Taking

by: Joseph Grather
11 Feb 2014
The latest in a long-running dispute between the U.S. Army Corps of Engineers and lake-front property owners in Michigan, whose beaches have allegedly been washed away because of jetties installed by the Army Corps long ago, is a ruling from the United States Circuit Court of Appeals for the Federal Circuit that the takings’ claims... Read More

Another Taxpayer Fails to Overcome Presumption of Correctness

by: Anthony F. Della Pelle
6 Feb 2014
A recent New Jersey Tax Court trial regarding a single-family riverfront residence in Monmouth County resulted in a judgment affirming the assessment because the property owner, representing herself pro se, failed to overcome the presumption of correctness afforded to New Jersey local property tax assessments. The taxpayer owned a home on the Manasquan River.  At... Read More

Taking Underwater Mortgages: Condemned to Failure?

by: Anthony F. Della Pelle
31 Jan 2014
Taking Underwater Mortgages: Condemned to Failure? Check out this post from our own Anthony DellaPelle which was just published in the American Bar Associations “In Limine” Blog.  This story comes close to home to us in New Jersey as the cities of Newark and Irvington are currently studying the feasibility of using eminent domain to... Read More

NJ Supreme Court Adds Two Redevelopment Related Cases to Docket

by: Joseph Grather
29 Jan 2014
The first case is In re: Petition for Referendum to Repeal Ordinance 2354-12 of the Tp. of West Orange.  The certified question: “Was plaintiffs’ action challenging the municipal redevelopment ordinance time barred and, if not, was the ordinance invalid because of the municipality’s failure to submit an application for approval of the issuance of bonds to... Read More

NJ's Post-Sandy Planning Questioned on Video

by: Joseph Grather
9 Jan 2014
As Warner Wolf used to say, “let’s go to the video tape!” NJ.com video of Post-Sandy infrastructure planning process. While it may be understandable why New Jersey political leaders are not rushing to New York for answers to the problem, it would be in our best interests if they did look towards the Kingdom of... Read More

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