BLOG: Property Tax Appeal

Sales Approach Rejected in Valuing Rental Property

by: Richard De Angelis
11 Jul 2016
In reviewing a recent decision by the Honorable Patrick DeAlmeida, the Presiding Judge of the New Jersey Tax Court, the first thing that jumps out is the large reductions — approximate $1.84 million in reduced assessments for each of the years under appeal.  The appeal involved a free-standing Barnes & Noble store in Evesham Township brought by the retailer, a... Read More

Taxpayer Forced to Disclose Bank’s Mortgage Appraisal in Tax Appeal

by: Daniel Kim
5 Jul 2016
In the context tax appeals, municipalities and taxpayers will often bump heads about the disclosure of an appraisal report prepared by a mortgage lender.  Although these reports cannot be utilized at trial for determining the market value of the property in a tax appeal, municipalities may still demand the taxpayer to disclose the report.  This... Read More

Intervention by Taxpayer Denied in New Jersey Tax Appeal

by: Anthony F. Della Pelle
29 Jun 2016
In another recent opinion, Farmland Dairies, Inc. v. Bor. of Wallington, the Tax Court of New Jersey addressed the actions of a non-party private taxpayer who filed a motion to intervene in a pending appeal of Farmland Dairies, Inc.  Farmland Dairies, Inc. filed direct appeals to the tax court for tax years 2014, 2015, and 2016.  A private... Read More

Partial Exemption Issue Addressed by Tax Court of NJ

by: Daniel Kim
28 Jun 2016
In a recently published opinion, the Tax Court of New Jersey addressed the applicability of the partial exemption statute.  In Savage Mills Enterprises, LLC v. Bor. of Little Silver, the plaintiff argued that it was entitled to a partial exemption on a portion of its property that was subject to a 99-year ground lease to a... Read More

Residential Taxpayers in Franklin Lakes Pick Up Win in Tax Court

by: Daniel Kim
mr
16 Jun 2016
The Tax Court recently issued an opinion following the trial in Givant v. Franklin Lakes, wherein owners of a single family home filed complaints challenging their assessments for the 2012 and 2013 tax years.  The property subject of the appeal is a colonial-style single-family home, built around 1984 with a gross living area of 4,160 sq.... Read More

Former Governor weighs in on property tax exemptions

by: Richard De Angelis
mr
15 Jun 2016
In a recent opinion piece, former New Jersey Governor Tom Kean criticized the decision of the New Jersey Tax Court that found Morristown Memorial Hospital is a for-profit enterprise and upheld the denial of a local property tax exemption on all but a few areas of the hospital’s facilities. Governor Kean referred to the decision... Read More

Taxpayers Challenging Princeton Univ. Exemption Get a Hall Pass

by: Daniel Kim
mr
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

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