Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: May 25, 2013
The Firm
201-896-4100 info@sh-law.comMost of these appeals have merit. However, be mindful of the fact that a municipality has the right to file a counterclaim. Also, under certain circumstances, a municipality can argue for an increase in the assessment even without having filed a counterclaim.
In a recent decision, South Brunswick Twp. v. Princeton Orchards Assocs. LLC, the town went a step further and filed its own petition of appeal, asserting that the assessor’s valuation of the property was too low. At the same time, the property owner filed a direct appeal in the Tax Court seeking a reduction of the assessment. The town failed to file a timely counterclaim to challenge the property owner’s direct case. On motion by the property owner, the town’s late filed counterclaim was dismissed. When the town lost its petition at the County Tax Board, it filed an appeal to the Tax Court. The property owner asserted that two separate cases cannot be maintained and that the town’s appeal must be dismissed. Moreover, because the town had not timely filed a counterclaim in the property owner’s direct case, the property owner argued that the town was barred from arguing for an increase in assessment in defense of the property owner’s direct case.
The Tax Court disagreed and found that although the filing of a Complaint grants to the Tax Court overall jurisdiction as to all matters, the late filing of a counterclaim should not bar the timely filing of an appeal by the town from an adverse County Board ruling. As a result, there are two cases filed for the exact same property by opposing parties which will now in all likelihood be consolidated into one action.
The result of this case highlights the fact that towns have the right to challenge an assessment just as much as property owners. It serves to caution the practitioner not to file complaints with indifference to the town’s rights and without doing your homework. Filing an appeal without proper analysis beforehand just might result in an increase to your client’s assessment- not the result for which you were hired.
Mark K. Follender is a Partner at Scarinci Hollenbeck and chair of the firm’s Real Property Tax Appeals Group, which represents private commercial property owners and municipalities throughout the State of New Jersey. Feel free to contact Mark Follender, if you would like to discuss your property tax appeal options or have questions about the article above.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Using chattel paper to obtain a security interest in personal property is a powerful tool. It can ensure lenders have a legal claim on collateral ranging from inventory to intellectual property. To reduce risk and protect your legal rights, businesses and lenders should understand the legal framework. This framework governs the creation, sale, and enforcement […]
Author: Dan Brecher
For years, digital assets operated in a legal gray area, a frontier where innovation outpaced the reach of regulators and law enforcement. In this early “Wild West” phase of finance, crypto startups thrived under minimal oversight. That era, however, is coming to an end. The importance of crypto compliance has become paramount as cryptocurrency has […]
Author: Bryce S. Robins
Earlier this month, the U.S. Supreme Court issued a decision in Ames v. Ohio Department of Youth Services vitiating the so-called “background circumstances” test required by half of federal circuit courts.1 The background circumstances test required majority group plaintiffs pleading discrimination under Title VII of the Civil Rights Act to meet a heightened pleading standard […]
Author: Matthew F. Mimnaugh
Special purpose acquisition companies (better known as SPACs) appear to be making a comeback. SPAC offerings for 2025 have already nearly surpassed last year’s totals, with additional transactions in the pipeline. SPACs last experienced a boom between 2020–2021, with approximately 600 U.S. companies raising a record $163 billion in 2021. Notable companies that went public […]
Author: Dan Brecher
Merging two companies is a complex legal and business transaction. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process that involves important corporate governance considerations. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process. However, […]
Author: Dan Brecher
The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]
Author: Brian D. Spector
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!