East Gate Business Center V.Township of Mt Laurel

CourtNew Jersey Tax Court
DecidedJanuary 30, 2018
Docket014519-2010, 009721-2011, 009665-2012
StatusUnpublished

This text of East Gate Business Center V.Township of Mt Laurel (East Gate Business Center V.Township of Mt Laurel) 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
East Gate Business Center V.Township of Mt Laurel, (N.J. Super. Ct. 2018).

Opinion

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS

___________________________________ EAST GATE BUSINESS CENTER, LLC, ) TAX COURT OF NEW JERSEY ) DOCKET NO. 014519-2010 ) DOCKET NO. 009721-2011 Plaintiff, ) DOCKET NO. 009665-2012 ) v. ) ) MEMORANDUM OPINION TOWNSHIP OF MOUNT LAUREL, ) ) Defendant. ) ___________________________________ )

Decided: January 29, 2018

Elizabeth J. Hampton, Esq., and Alexander M. Wixted, Esq., for plaintiff (Fox Rothschild, LLP, attorneys)

Tyler T. Prime, Esq., for defendant (Prime Law, attorneys)

DeALMEIDA, J.T.C.

This letter constitutes the court’s opinion after trial in the above-referenced matters

challenging the assessments on real property for tax years 2010, 2011 and 2012. For the reasons

stated more fully below, the assessment on the property for each of the tax years is reduced.

I. Procedural History and Findings of Fact

The following findings of fact and conclusions of law are based on the evidence and

testimony admitted at trial.

These appeals concern real property in Mount Laurel Township, Burlington County. The

property, designated in the records of the township as Block 1201.06, Lot 1, is commonly known

as 125-139 Gaither Drive. The subject property is 9.19 acres on which sits four office buildings and four

flex/warehouse buildings constructed in 1977. The gross building area is 115,770 square feet, with

114,989 square feet of rentable area. The structures include seven one-story buildings, and one

two-story building. All of the buildings are in fair to average condition. The flex/warehouse

buildings have limited finished office space. The warehouse space has lower ceilings than would

be required for largescale warehouse operations. That space is intended, instead, to store a minimal

amount of materials for the business operation of the tenant in the adjoining office space. The

backs of the flex/warehouse buildings have loading docks with roll-up doors for small vehicles.

The property is located in an industrial zoning district.

The subject property requires a significant management presence, given its age and the

large number of tenants. Many of the units are not individually metered for utilities. In addition,

the structures do not have a fire suppression system, although the buildings are wired with smoke

detectors. The second floor of the two-story office building is not compliant with the Americans

with Disabilities Act and does not have handicapped access.

For tax years 2010, 2011 and 2012, the subject property was assessed as follows:

Land $1,102,800 Improvement $3,697,200 Total $4,800,000

The Chapter 123 average ratio for the municipality for tax year 2010 is 49.06%. When the

average ratio is applied to the assessment, the implied equalized value of the subject property for

that tax year is $9,783,938 ($4,800,000 ÷ .4906 = $9,783,938).

The Chapter 123 average ratio for the municipality for tax year 2011 is 52.06%. When the

average ratio is applied to the assessment, the implied equalized value of the subject property for

that tax year is $9,220,131 ($4,800,000 ÷ .5206 = $9,220,131).

2 The Chapter 123 average ratio for the municipality for tax year 2012 is 53.10%. When the

average ratio is applied to the assessment, the implied equalized value of the subject property for

that tax year is $9,039,548 ($4,800,000 ÷ .5310 = $9,039,548).

Plaintiff challenged the tax year 2010 assessment by filing a Petition of Appeal with the

Burlington County Board of Taxation. The county board issued a Judgment affirming the

assessment. Plaintiff thereafter filed a Complaint in this court challenging the county board

Judgment. With respect to tax years 2011 and 2012, plaintiff filed Complaints directly with this

court challenging the assessments on the subject property.

During the two-day trial, each party presented an expert real estate appraiser to offer

opinions of the true market value of the subject property on the relevant valuation dates. The

opinions of the experts are summarized as follows:

Tax Year 2010 2011 2012 Valuation Date 10/1/2009 10/1/2010 10/1/2011

Plaintiff’s Expert $5,900,000 $6,000,000 $6,100,000 Defendant’s Expert $9,200,000 $9,200,000 $9,200,000

Both experts used the income capitalization approach to value the subject property.

Plaintiff's expert also used the sales comparison approach, mostly to corroborate the opinions of

value he reached under the income capitalization approach. In many respects, the experts varied

little in their value analysis. At the conclusion of trial, the court identified three issues for the

parties to address in post-trial briefing: (1) whether tenant improvements costs should be included

in the income capitalization approach to valuing the subject property; (2) the allocation of office

and flex/warehouse space in the four buildings the parties agree are flex/warehouse buildings; and

(3) whether the four buildings used as office space on the relevant valuation date should be

considered flex/warehouse buildings, instead of office buildings when determining value.

3 II. Conclusions of Law

The court’s analysis begins with the well-established principle that “[o]riginal assessments

and judgments of county boards of taxation . . . are entitled to a presumption of validity.” MSGW

Real Estate Fund, LLC v. Borough of Mountain Lakes, 18 N.J. Tax 364, 373 (Tax 1998). As

Judge Kuskin explained, our Supreme Court has defined the parameters of the presumption as:

The presumption attaches to the quantum of the tax assessment. Based on this presumption the appealing taxpayer has the burden of proving that the assessment is erroneous. The presumption in favor of the taxing authority can be rebutted only by cogent evidence, a proposition that has long been settled. The strength of the presumption is exemplified by the nature of the evidence that is required to overcome it. That evidence must be “definite, positive and certain in quality and quantity to overcome the presumption.”

[Ibid. (quoting Pantasote Co. v. City of Passaic, 100 N.J. 408, 413 (1985)(citations omitted)).]

The presumption of correctness arises from the view “that in tax matters it is to be presumed

that governmental authority has been exercised correctly and in accordance with law.” Pantasote,

supra, 100 N.J. at 413 (citing Powder Mill I Assocs. v. Township of Hamilton, 3 N.J. Tax 439 (Tax

1981)); see also Byram Twp. v. Western World, Inc., 111 N.J. 222 (1988). The presumption

remains “in place even if the municipality utilized a flawed valuation methodology, so long as the

quantum of the assessment is not so far removed from the true value of the property or the method

of assessment itself is so patently defective as to justify removal of the presumption of validity.”

Transcontinental Gas Pipe Line Corp. v. Township of Bernards, 111 N.J. 507, 517 (1988).

“The presumption of correctness . . . stands, until sufficient competent evidence to the

contrary is adduced.” Little Egg Harbor Twp. v. Bonsangue, 316 N.J. Super. 271, 285-86 (App.

Div. 1998)(citation omitted); Atlantic City v. Ace Gaming, LLC, 23 N.J. Tax 70, 98 (Tax 2006).

“In the absence of a R. 4:37-2(b) motion . . . the presumption of validity remains in the case through

4 the close of all proofs.” MSGW Real Estate Fund, LLC, supra, 18 N.J. Tax at 377. In making the

determination of whether the presumption has been overcome, the court should weigh and analyze

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