Wegman’s Ducks Landlord’s Attorneys’ Fee Claim Following Successful Tax Appeal

by: Anthony F. Della Pelle
15 Nov 2013
Wegmans Food Markets Inc. is no longer on the hook for nearly $58,000 in attorneys’ fees related to a tax appeal after a two-judge panel from the New Jersey Appellate Division agreed that the owner of shopping center could not collect the fees as additional rent.  Another tenant in the shopping center, Lowes Home Center,... Read More

Hoboken Property Owner's Inverse Condemnation Claim Fails

by: Joseph Grather
13 Nov 2013
In a two-judge unpublished opinion (full text here), a New Jersey appeals court reviewed a property owner’s claim that the City’s tactic – of threatening acquisition by eminent domain during land use proceedings – was a taking of private property warranting payment of just compensation. (100 Paterson Realty, LLC v. City of Hoboken, Docket No.... Read More

Apartment Complex Wins Assessment Reductions at Trial

by: Anthony F. Della Pelle
12 Nov 2013
A New Jersey Tax Court judge reduced the assessment for two of the three years under appeal on an apartment complex in the Town of Phillipsburg.  The Subject Property contained 96 apartment units on a 4.19 acres parcel in a residential zone.  At trial, the parties agreed that the highest and best use of the... Read More

Supreme Court Fails to "c" Property Owner's Argument on Variance

by: Anthony F. Della Pelle
11 Nov 2013
The New Jersey Supreme Court recently considered whether it was proper, at a trial to determine just compensation, to allow a jury to hear evidence regarding the likelihood of a zoning approval without having the trial court first determine, outside of the jury’s presence, that there was a reasonable probability of such approval.  The issue... Read More

Millburn Synagogue Retains Property Tax Exemption

by: Anthony F. Della Pelle
8 Nov 2013
This week a New Jersey appeals court affirmed a property tax exemption which had been granted by the Tax Court concerning a three-story house in Millburn Township that had been used as a synagogue.   The dispute focused on the use of the property by Chai Center’s rabbi as his principal residence, although religious services... Read More

The Borgata gives new meaning to the saying that “the house always wins.”

by: Richard De Angelis
6 Nov 2013
Every day thousands of disappointed gamblers leave Atlantic City with their wallets a little lighter. For most, this makes for a long ride out of town. After a Tax Court ruling earlier this month in favor of the Borgata, Atlantic City officials may wish to take a long ride out of town. As far as... Read More

NJ Appellate Court Confirms Property Owners' Right to Compensation For Loss of Ocean View

by: Joseph Grather
30 Oct 2013
On October 28, 2013, the Superior Court of N.J., Appellate Division published an opinion in back to back appeals captioned Petrozzi v. City of Ocean City .  Both cases had their nascence long before Sandy casts its long shadow on New Jersey beaches and property owners.  Having no dune protection in place, in 1989, Ocean City reached... Read More

Hilton Hotel Assessment Reduced Following Trial

by: Anthony F. Della Pelle
21 Oct 2013
In this commercial tax appeal involving a Hilton hotel, the taxpayer challenged the assessments on its property for the 2010 and 2011 tax years.  The subject property operates as a 355 guest room Hilton Hotel and executive conference center.  The standard method for valuing a hotel’s real property component is the income approach, which takes... Read More

Redundant But True: Tenant's Relocation Claims Denied…For Failure to Relocate

by: Anthony F. Della Pelle
15 Oct 2013
A New Jersey appellate court recently rejected a commercial tenant’s claims for relocation benefits and assistance arising out of a displacement caused by a redevelopment project in Wrightstown Borough, near the Fort Dix military establishment.   The claimant, Andrew Rosen, was the owner of Wright Cleaners, which had been operated at the same location since... Read More

Supreme Court to Take Another Look at Meaning of "In Need of Redevelopment"?

by: Joseph Grather
7 Oct 2013
Late last week, the New Jersey Supreme Court certified this question: “When designating private property as in need of redevelopment pursuant to sections 5(a), (b) and (d) of the Local Redevelopment and Housing Law,  N.J.S.A.   40A:12A-1 to -73, must the municipality expressly find that the property is “blighted” pursuant to the Blighted Areas Clause of... Read More