Cohn v. Livingston Township

18 N.J. Tax 429
CourtNew Jersey Tax Court
DecidedJuly 6, 1999
StatusPublished
Cited by5 cases

This text of 18 N.J. Tax 429 (Cohn v. Livingston Township) is published on Counsel Stack Legal Research, covering New Jersey Tax Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cohn v. Livingston Township, 18 N.J. Tax 429 (N.J. Super. Ct. 1999).

Opinion

KAHN, J.T.C.

This is the eourt’s determination with respect to a local property tax appeal involving a one-family home located at 30 Wingate Drive in the Township of Livingston, Essex County, New Jersey, also known as block 5500, lot 56.

Plaintiff (“taxpayer”) appealed the property’s 1998 assessment ($103,900) to the Essex County Board of Taxation, which reduced the assessed value to $83,100. Taxpayer appealed from that determination.

The subject, as aforesaid, is a one-family ranch home constructed in and around 1969. The lot contains .689 acres, or 30,000 square feet. There is no dispute that the improvements are in good condition. The original 1998 assessment is as follows:

Land $28,900

Improvements 75,000

Total $103,900

The judgment of the Essex County Board of Taxation is:

Land $29,900

Improvements 54,200

Total $83,100

The average ratio as promulgated by the Director of the Division of Taxation for 1998 in the Township of Livingston is 26.80%, with the upper limit of the common level range being 30.82%, and the lower limit 22.78%.

Taxpayer appeared pro se. He did not qualify as an expert witness but submitted the following four purported comparable sales:

[432]*432Sale Date Sale Block Price & Lot Address

Sale # 1 7/16/97 $285,000 5500 55 28 Wingate Dr.

Sale # 2 8/29/97 $210,000 5500 58 34 Wingate Dr.

Sale # 3 9/11/97 $233,000 5500 57 32 Wingate Dr.

Sale # 4 10/17/97 $237,000 5300 24 10 Dellmead Ave.

There is no dispute that three of the four comparables are virtually next door to the subject and relatively similar in style and age. Three of taxpayer’s four comparable sales were consummated shortly prior to October 1, 1997, the relevant assessment date. Taxpayer arrived at his estimate of value for the subject ($260,000) by simply averaging the aforementioned sale prices. He made no adjustments between the comparables and the subject and provided no appraisal report.

Taxpayer’s primary argument involved the subject’s proximity to high tension wires located to the rear of his property. In fact, one of the purported comparables (32 Wingate Drive) has an easement for power line use through the rear yard. The high tension wires are conveyed upon stanchions, one of which is located 117 feet from one extremity of the subject property and, more particularly, only 147 feet from the house. Taxpayer also points to his rear yard slope and a drainage ditch on the rear edge of the property. He contends that said drainage ditch causes flooding of his rear yard also diminishing the value of his property.

The municipality produced a real estate appraiser who was qualified to testify as an expert witness. He too presented four purported comparable sales of similar homes of similar vintage ranging in sales price from $233,000 to $310,000. One of his comparables was also utilized by taxpayer. That comparable, 28 Wingate Drive, is located adjacent to taxpayer. The other three comparables were located on different streets and distant from the subject property and, therefore, clearly further from the high tension wires. This witness presented an adjustment grid demon[433]*433strating usual adjustments for size, age, location and amenities. The appraisal expert concluded the subject’s value to be $320,000 based upon this market sales approach. The expert witness made adjustments between the subject property and his comparables based upon their respective differences. This witness, however, did not make adjustments for the existence of the slope and drainage ditch on the subject property or proximity to the high tension wires.

Litigants are not required to produce an expert witness or an appraisal report. Taxpayer herein did provide the court with a schedule of comparable sales timely served upon the municipality. Since taxpayer was not an appraisal expert, he was precluded from testifying as an expert witness. Taxpayer, however, was not required to provide an expert witness and an appraisal report. Taxpayer would appear to be at a grave disadvantage against an appraisal expert’s testimony along with an appraisal report.

N.J.S.A. 2B:13-15 provides as follows:

Hearings in ihe Small Claims Division shall be informal, and the judge may receive evidence as the judge deems appropriate for a determination of the ease, except that all testimony shall be given under oath. A party may appear on the party’s own behalf or by an attorney or by any other person as may be provided by the Rules of the Supreme Court.

R. 8:11 provides as follows:

The general rules of practice and procedure in the Tax Court shall apply to the small claims division; however, discovery is limited as provided in if. 8:6 — 1(a)(4) and the pretrial conference may be held at the time that the case is scheduled for hearing. The pretrial conference and the hearing shall be informal and the Court may hear such testimony and receive such evidence as it deems necessary or desirable for a just and equitable determination of the case. All testimony shall be given under oath and a verbatim record shall be made of the proceeding.

This court construes said statute and rule as authorizing the Tax Court to consider reliable evidence from a pro se litigant, even though such evidence is not derived from expert opinion.

In Pennwalt Corp. v. Township of Holmdel, 4 N.J.Tax 51 (Tax 1982), Judge Rimm rejected the opinion of value of the municipality’s expert, and stated as follows:

[434]*434It is not credible, it does not involve proper appraisal methodology and it is useless' in attempting to arrive at the value of the property which is the subject of this. matter.
The judiciaiy and fact-finding bodies are not bound by the opinions of expert witnesses. Wright v. Purepac Corp., 82 N.J.Super. 100, 111, 196 A.2d 695 (Cty.Ct.1963). The weight to be given to an expert’s opinion depends especially upon the facts and reasoning which are offered as the foundation of his opinion. Ocean Cty. v. Landolfo, 132 N.J.Super. 523, 528 [334 A.2d 360] (App.Div.1975). The weight and value of expert testimony are for the trier of the facts. Robbins v. Thies, 117 N.J.L. 389, 398 [189 A. 67] (E. & A.1937). An expert’s opinion may be adopted in whole or in part or completely rejected. Middlesex Cty. v. Clearwater Village, Inc., 163 N.J.Super. 166, 174 [394 A.2d 390] (App.Div.1978), certif. den. 79 N.J. 483 [401 A.2d 239] (1979). [Atlantic City v. Atlantic Cty. Bd. of Tax., 2 N.J.Tax 30, 42-43 (Tax.Ct.1980) ]
[Id. at 61.]

Taxpayer herein presented four sales of comparable properties. These sales ranged from $210,000 to $285,000, all of which sales took place within several months of the relevant assessment date.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Kim, Ho & Yong v. Ho-Ho-Kus Borough
New Jersey Tax Court, 2025
Yang, Daniel & Lucy v. Montclair Twp.
New Jersey Tax Court, 2023
Slater v. Holmdel Township
20 N.J. Tax 8 (New Jersey Tax Court, 2002)
Spiegel v. Town of Harrison
19 N.J. Tax 291 (New Jersey Superior Court App Division, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
18 N.J. Tax 429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohn-v-livingston-township-njtaxct-1999.