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Taxpayers Challenging Princeton Univ. Exemption Get a Hall Pass

by: Daniel Kim
7 Jun 2016
As some may recall, a group of property owners in Princeton filed complaints in the Tax Court challenging the property tax exemption for properties owned by Princeton University.  Faced with a $25,450 bill, plaintiffs in Kenneth Fields, et al v. Trustees of Princeton University were on the verge of having their complaints administratively dismissed for... Read More

Morristown Booming with Redevelopment

by: Joseph Grather
25 May 2016
This is kind of an off topic post … but generally fits within the purview of redevelopment. Having grown-up in Colonial Morristown with its historic Green; and National Historic Parks (Washington’s Headquarters and Jockey Hollow), and having returned for the practice of law, I am amazed at the transformation that has occurred over the past... Read More

Court of Claims Awards Leaseholder Awards $170M After Inverse Condemnation Trial

by: Joseph Grather
9 May 2016
A quick hit –  The United States Court of Federal Claims recently awarded two leaseholders over $170M for the taking of their leasehold interests at Dallas Love Field Airport. A full copy of the long opinion is here.  The nascence of the claim goes all the way back to construction of the Dallas-Forth Worth International Airport... Read More

Neither Side Convinces the Tax Court, Assessments Ultimately Affirmed

by: Daniel Kim
4 May 2016
Plaintiffs, Palisadium Management Corp and Carlton Corp., appealed the Borough of Cliffside Park’s assessment for their property for tax years 2011, 2012, and 2013.  The properties under appeal were two separately taxed lots that operated as a single economic unit.  The property is collectively known as the Palisadium which consists of a banquet facility overlooking... Read More

Atlantic City’s Woes Deepen as Borgata Wins in Property Tax Battle

by: Daniel Kim
11 Apr 2016
Borgata filed tax appeals challenging the property assessment for tax years 2011, 2012, 2013, 2014, and 2015.  On June 30, 2014, Atlantic City and Borgata entered into a settlement agreement wherein the original assessments for tax years 2011, 2012, and 2013 were reduced and, as a result, Borgata was entitled to refund of approximately $88... Read More

Despite Expert Testimony, Taxpayer Unable to Overcome Onerous Burden of Proof

by: Daniel Kim
5 Apr 2016
New Jersey taxpayers should be well aware of the presumption of validity/correctness that attaches to original assessments and judgments of the county boards, and also that the taxpayer always carry the burden of proving that the assessment is wrong.  Overcoming the initial presumption, however, can be accomplished by providing some form of credible evidence.  For... Read More

Adoption of Rehabilitation Plan in Woodbridge Not A Taking (D.N.J.)

by: Joseph Grather
4 Apr 2016
From the United States District Court comes a new opinion from Judge Chesler, but there’s nothing new in the precedent cited denying a property’s owner’s claim of “inverse condemnation.”  Simply stated, an inverse condemnation case is a procedure for a property owner to secure just compensation where government has taken private property for public use... Read More

Valuing Contaminated Property Continues to be Difficult in Tax Appeals

by: Daniel Kim
30 Mar 2016
In ACP Partnership v. Garwood Borough, the Tax Court was asked to revisit the holding of our Supreme Court’s decision in Inmar Assocs., Inc. v. Bor. of Carlstadt.  The Supreme Court in Inmar recognized that environmental remediation costs have an impact on the assessment valuation process.  However, regardless of the cost associated with remediation of... Read More

NJ Sports Authority Threatening to Take Municipal Landfill

by: Joseph Grather
29 Mar 2016
  The NJ Sports and Exposition Authority, which runs the Meadowlands’ Sports Complex; New Jersey’s horsetracks; and now the former New Jersey Meadowlands Commission (itself the successor to the Hackensack Meadowlands Development Commission); recently advised the Town of Kearny that it intends to seize the Keegan Landfill by eminent domain.  It appears that NJSEA has... Read More

Borough Underassesses Property for Years, Unable to Recoup with Omitted Assessment

by: Daniel Kim
21 Mar 2016
In a recent Tax Court decision, the Borough of Franklin Lakes’ attempt to raise an assessment from $12 million to $20 million by imposing an omitted assessment was denied by the court.  The subject property in dispute is located at 100 Sterling Drive in Franklin Lakes, and plaintiff had purchased the property back in 2007... Read More