Brach Eichler Attorneys Win Case of First Impression in Tax Court of New JerseyDecember 5, 2014
On December 2, 2014 Judge Andresini of the Tax Court of New Jersey issued an opinion denying the Borough of Hasbrouck Heights’ motion to dismiss our client’s tax appeal for failure to respond to the annual request for income and expense information served on owners of income producing properties. The opinion was approved for publication in the New Jersey Tax Court Reports.
We successfully argued against dismissal by asserting that our client’s failure to respond was excused by the failure of the municipality to issue the request 45 days before the January 10 deadline to submit its assessment list. In a case of first impression, Judge Andresini agreed with our position that this deficiency on the part of the municipality remains even where a municipality is granted an informal extension of this deadline beyond January 10th. Such a decision ensures that this taxpayer and other similarly situated taxpayers will be able to continue the prosecution of their appeals and further clarifies the law as it pertains to the efforts of municipalities to seek dismissal of tax appeals.
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