Reported Decisions
SINOPOLI v. RUMSON, N.J. TAX, APPELATE DIVISION DOCKET No. A-5069-00T3
The Appellate Division affirmed the Tax Court opinion that the farmland statute could be applied to an estate sited on 8.5 acres where it was possible to show that 7 acres were devoted to horticultural farming purposes. Even though the estate had large open grassy lawns, and looked nothing like a typical farm, GLG demonstrated that the open areas were essential for horticultural purposes, and that the grand aesthetics of the farm could not be used to deny the applicability of the farmland statute. This is one of the first definitive decisions involving the use of the horticultural farming statute on such an estate.
WITCO CORP. v. CITY OF PERTH AMBOY
In the appeal of a chemical plant located in Perth Amboy, New Jersey, the Court agreed with the theory presented by GL& G with regard to the deduction in value attributable to environmental contamination and the associated costs for remediation. This is the first time that a court in the state has awarded a taxpayer a reduction in their assessment for environmental contamination and the associated costs.
AT&T CORP v. TOWNSHIP OF MORRIS
The taxing jurisdiction attempted to set aside a settlement with the taxpayers because a purported sale was consummated at millions of dollars over the settlement after an agreement in principle had been reached but before the settlement documents had been signed. GLG convinced the court that the sale of the property was not a proper indication of value and did not reflect market practices. The sale involved a 1031 transaction and synthetic lease. GLG also successfully argued that the sale was well after the valuation date in question. Under these circumstances, the court agreed with GLG and upheld the settlement.
JEPSON REFRIGERATION CORP. v. CITY OF TRENTON, N.J. Tax, Appellate Division Docket No. A-4709-95T2
Reversed the Tax Court’s Affirmance of the County Board’s dismissal of taxpayer’s case.
GENERAL MOTORS CORPORATION v. CITY OF LINDEN, 293 N.J. SUPER. 99
The Business Retention Act is declared Constitutional.
BADISCHE CORPORATION (BASF) v. TOWN OF KEARNY, 288 N.J.SUPER. 171, 672 A.2D 186
The Tax Court must take into consideration the effects of environmental contamination on property value.
COASTAL EAGLE POINT OIL COMPANY v. WEST DEPTFORD TOWNSHIP and WESTVILLE BOROUGH, 13 N.J. TAX 242
Refinery property valued by way of the market approach and sale of the subject competent to value the refinery
COASTAL EAGLE POINT OIL COMPANY v. WEST DEPTFORD TOWNSHIP and WESTVILLE BOROUGH, 15 N.J. TAX 190 |
Affirmed the Tax Court’s decision valuing refinery by market approach.
F & M SCHAEFER BREWING V. LEHIGH CITY, 530 Pa. 451Established that "value-in-exchange" is the only permissible standard in determining fair market value in Pennsylvania.
GMC v. CITY OF LINDEN, 13 N.J. 32
Reversed and remanded Tax Court decision that automobile assembly was a special purpose property.
GENERAL MOTORS v. CITY OF LINDEN, 279 N.J. SUPER 449, 653 A. 2nd 449
City was liable for the constitutional torts of its assessor and the Tax Court had jurisdiction of Sec. 1983 civil rights claims for unconstitutional tax assessments.