Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: June 8, 2013
The Firm
201-896-4100 info@sh-law.comBy statute, each assessment is accorded a fifteen percent (15%) safe harbor in recognition of the fact that appraisals and assessments are not an exact science. However, an additional burden placed upon the Taxpayer is to overcome a presumption that the assessment is valid. Without overcoming this presumption, the Taxpayer is not even permitted to prove the fifteen percent (15%) or greater differential.

In a recent decision, Dericks v. Borough of Bradley Beach (Docket #13772-2012 J. Sundar), the Tax Court reviewed the appeal of the Taxpayer from a County Board Judgment that reduced the assessed value on a condominium from Three Hundred Fifty Thousand Dollars ($350,000.00) to Three Hundred Nine Thousand Dollars ($309,000.00). The Taxpayer urged the Court to find a further reduction to Two Hundred Forty-Five Thousand Dollars ($245,000.00) and the Town also appealed seeking a reinstatement of the original assessed value. In reviewing the proofs presented, the Court rejected the comparables and the adjustments provided by both parties. While both parties agreed that a certain particular unit sale was an appropriate comparable sale, the Court found both parties reasoning flawed when adjusting that sale to utilize it for comparability purposes as to the subject property. Moreover, the Town offered only one (1) other property as a comparable and the Taxpayer offered none.
Based upon the paucity of information available before the Court, the Court felt constrained to leave the judgment of the County Board intacted holding that such proofs were insufficient to overcome the presumption of validity.
This case is instructive to any residential property owner attempting to challenge the assessment on his/her home. To overcome the presumption of validity, you must give the Court the ability to find that there is something dramatically wrong with the assessment. This is done by providing sufficient comparable sales along with adjustments of those sales to make them relevant to your property. Adjustments include raising or lowering the assessment based upon size of the property, number of bedrooms, bathrooms, age of the kitchen, size of the land and other relevant matters that would influence valuation. In small matters such as a residential appeal where typically a taxpayer is unrepresented by counsel, the Taxpayer is going unarmed against a professional in the form of the local tax assessor. The more information you can provide to the Court, the better equipped you will be to overcome the presumption of validity and be permitted to prove your case.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki

Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]
Author: Graham Staton

Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]
Author: Michael Mietlicki

For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]
Author: Sean M. Pena

Monmouth County is entering a significant new phase of development. For those looking to acquire property or undertake a new project, understanding the market opportunity is only the beginning. The more important question is whether a particular property can actually be developed as contemplated and what approvals, agreements, and other conditions will be required to […]
Author: Donald M. Pepe

Whether a client’s prompts to a generative AI tool and the documents it produces are protected from disclosure depends on the case type, who claims protection, and whether counsel was involved. In United States v. Heppner, a New York federal judge ruled that a criminal defendant’s communications with an AI platform were protected by neither […]
Author: Chris Seelinger
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!