BLOG: Property Tax Appeal

Tax Court Rejects “Income Approach Valuation” And Cost Estimating Software In Valuing Nursing Home

by: Anthony F. Della Pelle
20 Jan 2021
In an appeal of the 180-bed Eagle Rock Convalescent Center in West Caldwell, the Tax Court again rejected the use of the income valuation approach in valuing nursing homes. Using the Income Valuation Approach The Taxpayer argued for a reduction in its property tax assessment due to more than 50% of its population being Medicaid... Read More

Caveat Emptor: Applies to Tax Sale Certificate Buyers Too!

by: Anthony F. Della Pelle
3 Jan 2021
An “experienced” tax sale certificate investor was recently rebuffed in efforts to seek rescission of tax sale certificates it purchased, and refunds of property taxes it paid on property which turned out to have little value compared to the investor’s anticipated value of the property.  In Garden State Investment v. Brick Township, the investor, which... Read More

This Just In: Property Owners May Not Have To Pay Taxes To File A Tax Appeal!

by: Thomas Olson
4 Dec 2020
A recent New Jersey Tax Court case discussed the issue of standing to file a tax appeal. The Court concluded that a titleholder of property maintains standing as an “aggrieved taxpayer” even if the titleholder is not making direct or indirect tax payments. The party making the tax payments also has standing as an aggrieved... Read More

Paterson Getting $6MM In Property Taxes From St. Joseph’s Hospital

by: Anthony F. Della Pelle
2 Dec 2020
The City of Paterson recently entered into an agreement with St. Joseph’s Hospital which settled a pending property tax dispute between the parties dating back to 2016. The settlement results from the City’s actions to remove St. Joseph’s historic property tax exemption, and to place the hospital’s properties on the City tax rolls after a... Read More

Tax Court “Joins” Government Entities In Case Of First Impression

by: Thomas Olson
25 Nov 2020
In Metz Family LTD. Partnership v. Twp. of Freehold, the New Jersey Tax Court recently analyzed whether the Chapter 123 “equalization” ratio should apply under relevant state law, N.J.S.A. 54:51A-6, to the value determinations made by the Court. In addition Tax Court Judge Mala Sundar’s recent opinion ruled on the motions filed by the defendant,... Read More

Tax Court Denies Motion To Compel Discovery Again, And Again.

by: Anthony F. Della Pelle
18 Nov 2020
In a tax appeal involving a newer Quick Check gas station and convenience store, the defendant, Borough of Raritan, moved to compel additional discovery from the plaintiff. The Borough requested statements relating to the business operations at the property.  In support, the Borough argued that the information would assist its appraiser in adjusting comparable properties... Read More

Tax Court Affirms Earlier Determination of Truck Stop Property Value on Remand

by: Anthony F. Della Pelle
12 Nov 2020
New Jersey Tax Court Judge Mary Brennan issued an opinion last week which clarified and affirmed a 2018 decision she made concerning a tax appeal by the owner of a truck stop/travel center property near Interstate Route 78 in Bloomsbury Borough.  The case, HPT TA Properties Trust, F.K.A. Travelcenters Properties, LP v. Bloomsbury Borough,  involved... Read More

Tax Court Sides with Municipality in Pursuing Tax Appeal to Increase Assessment

by: Anthony F. Della Pelle
7 Oct 2020
The last few years have brought a dramatic escalation in tax appeals filed by municipalities against commercial property owners seeking to increase assessments and, of course, property taxes.  Municipalities, especially larger cities such as Newark, Jersey City, and Elizabeth have aggressively pursued such actions, sometimes referred to a “reverse appeals.”  But it was an appeal... Read More

Impacts of COVID-19 on New Jersey Property Taxes

by: Anthony F. Della Pelle
5 Oct 2020
October 1, 2020 represents the date of valuation for New Jersey property tax assessments.  Here’s some info to help you evaluate whether you should consider a property tax appeal: New Jersey real property owners recently received their final 2020 property tax bills, making many property owners wonder about the economic impacts of COVID-19 upon the... Read More

Exemption Status Denied – Where is the Charitable Purpose?

by: Thomas Olson
17 Sep 2020
This recent Tax Court decision by Judge Mark Cimino stems from the plaintiff, Urmajesty Banktruckfit Solutions, Inc. (“Urmajesty”) seeking property tax exemption status on its property. Tax exemption was previously denied by the Tax Assessor which was upheld by the Atlantic County Tax Board. Urmajesty appealed to the Tax Court where it filed its summary... Read More