Jaguar Land Rover N.A. v. Director, Division of Taxation & Mahwah Twp.

CourtNew Jersey Tax Court
DecidedAugust 1, 2022
Docket14046-2018
StatusPublished

This text of Jaguar Land Rover N.A. v. Director, Division of Taxation & Mahwah Twp. (Jaguar Land Rover N.A. v. Director, Division of Taxation & Mahwah Twp.) 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
Jaguar Land Rover N.A. v. Director, Division of Taxation & Mahwah Twp., (N.J. Super. Ct. 2022).

Opinion

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS

JAGUAR LAND ROVER NORTH : TAX COURT OF NEW JERSEY AMERICA, : DOCKET NO.: 014046-2018 Plaintiff, : : v. : Approved for Publication : In the New Jersey DIRECTOR, DIVISION OF : Tax Court Reports TAXATION AND THE TOWNSHIP OF : MAHWAH, : Defendants. : :

Decided: July 29, 2022

Joseph E. Bock for plaintiff (Spiotti & Associates, P.C., attorneys).

Anthony D. Tancini for defendant Director, Division of Taxation (Matthew J. Platkin, Acting Attorney General of New Jersey, attorney).

Nylema Nabbie for defendant Township of Mahwah (Cleary Giacobbe Alfieri Jacobs, LLC, attorneys). BIANCO, J.T.C.

This is the court’s formal opinion concerning the Statewide Non-residential Development

Fee Act (Statute), N.J.S.A. 40:55D-8.1 to -8.7. The novel issue presented is one of statutory

construction, i.e., whether pursuant to the Statute, an urban transit hub must be specifically

delineated by the New Jersey Economic Development Authority (NJEDA) in addition to being

located within a one-half mile radius surrounding the mid point 1 of a New Jersey Transit

Corporation, Port Authority Transit Corporation or Port Authority Trans-Hudson Corporation rail

station platform area. For the reasons stated more fully below, the court finds that the Statute is

unambiguous, and pursuant to its plain meaning, an urban transit hub must be specifically

1 N.J.S.A. 34:1B-208 (Section 208), discussed at length below, omits the customary hyphen between mid and point. For consistency, this opinion does the same. delineated and be located within a one-half mile radius surrounding the mid point of a New Jersey

Transit Corporation, Port Authority Transit Corporation or Port Authority Trans-Hudson

Corporation rail station platform area.

Facts

Plaintiff taxpayer Jaguar Land Rover North America, LLC (Jaguar) contests defendant

Township of Mahwah’s (Township or Mahwah) assessment of a non-residential development fee

against their new 144,000 square feet corporate headquarters located at 100 Jaguar Land Rover

Way, Mahwah (Subject Property). Pursuant to the Statute, on July 12, 2017, the Township

imposed an assessment of 2.5% of the equalized assessed value of the additions to existing

structures on the Subject Property that were to be used for non-residential purposes; the fee was

$75,572. On July 21, 2017, Jaguar wrote to the Township’s Tax Assessor (Assessor) asking for

confirmation that Jaguar was exempt from the non-residential development fee. Jaguar claimed

that because Mahwah is situated within a one-half mile radius from a New Jersey Transit Rail

Station platform, 2 Jaguar is exempt from the fee. Jaguar informed the Township that once the

exemption was confirmed, Jaguar would submit its official exemption request on Form N-RDF,

pursuant to the Statute.

On August 21, 2017, the Township informed Jaguar that while the Subject Property is

within one-half mile of the New Jersey Transit Rail Station Platform, in Suffern, New York,

Mahwah is not a specifically enumerated eligible municipality and therefore, Jaguar does not

satisfy the Statute’s exemption requirements. Jaguar replied in a letter dated September 13, 2017,

2 The New Jersey Transit Rail Station platform Jaguar relies on is the Suffern Station in Suffern, New York. The Township and Suffern Station are separated by the Ramapo River. It is uncontested that the Subject Property is within a one-half mile radius from Suffern Station. See infra n. 8 for further discussion on the relationship between Suffern Station and the Subject Property. 2 claiming that their only disagreement with the Township is whether Mahwah qualifies as an urban

transit hub based on its proximity to the New Jersey Transit Rail Station in Suffern, New York.

On June 28, 2018, Jaguar paid the fee under protest. In a letter of the same date, Jaguar

cited a June 20, 2018, conference call between the Assessor, the Township, and Jaguar, in which

the Township advised Jaguar that a final Certificate of Occupancy would not be issued until the

Township was in receipt of the fee. Jaguar then appealed the Township’s denial of the fee

exemption to the Director, Division of Taxation (Director) by letter dated August 6, 2018.

The Director denied the appeal on September 24, 2018, explaining that under the statutory

definition, it is not sufficient that a property be located within one-half mile radius of a train station

from one of the named transit corporations. Rather, the area must be one that the NJEDA named

as an urban transit hub under the authority granted by N.J.S.A. 34:1B-209(e)(1). Jaguar timely

appealed the Director’s determination to this court on December 24, 2018. In its complaint, Jaguar

concedes that to satisfy the qualifications of the exemption, the property must also meet the

definition of an urban transit hub as defined by the Executive Director of the NJEDA, in

consultation with the Director. However, Jaguar argues that to hold that an exempt property must

be within one-half mile of a rail station and be located within a specifically NJEDA delineated

urban transit hub is duplicative, incongruent, and contravenes the plain language of the Statute.

On November 11, 2021, the Township moved for summary judgment against Jaguar

arguing that the Township has no discretion in its assessment of the fee and that Jaguar is not

entitled to an exemption because the Subject Property is not located within a specifically delineated

urban transit hub. On January 14, 2022, the Director filed a concurrent motion for summary

judgment against Jaguar arguing that akin to tax exemptions, exemptions to the Statute ought to

be narrowly construed, and Jaguar is ineligible for an exemption under the Statute because

3 Mahwah is not a specifically designated urban transit hub. On February 23, 2022, Jaguar opposed

both concurrent motions and filed its own cross-motion for summary judgment alleging that on its

face the Statute is clear and unambiguous: to be exempt from the fee, the Subject Property need

only be within one-half mile radius of a New Jersey Transit rail station. It is undisputed that

Mahwah is not a specifically delineated urban transit hub by the NJEDA. 3

Applicable Law

A motion for summary judgment should be granted in the absence of genuine issues of

material facts. R. 4:46-2(c); Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 528-29 (1995)

(summary judgment will be granted “if the pleadings, depositions, answers to interrogatories and

admissions on file, together with the affidavits, if any, show that there is no genuine issue as to

any material fact challenged and that the moving party is entitled to a judgment or order as a matter

of law”). Denial is appropriate only where the evidence is such that reasonable minds could return

a finding favorable to the party opposing the motion. Id. at 540.

“As a general rule of statutory construction, [courts] look first to the language of the statute.

If the statute is clear and unambiguous on its face and admits of only one interpretation, [the court]

need delve no deeper than the act’s literal terms to divine the Legislature’s intent.” State v. Butler,

89 N.J. 220, 226 (1982). “The Legislature is presumed to act consonant with reason and good

discretion, and statutes are to be read sensibly rather than literally.” Matter of Liquidation of

3 “Once the urban transit hubs have been delineated, the [NJEDA] . . .

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