Slater v. Holmdel Township

20 N.J. Tax 8
CourtNew Jersey Tax Court
DecidedJanuary 9, 2002
StatusPublished
Cited by20 cases

This text of 20 N.J. Tax 8 (Slater v. Holmdel 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
Slater v. Holmdel Township, 20 N.J. Tax 8 (N.J. Super. Ct. 2002).

Opinion

BIANCO, J.T.C.

This is the court’s determination with respect to a local property tax appeal for the 2000 tax year involving a single-family dwelling located at 7 Field Point Drive in the Township of Holmdel, County of Monmouth, also known as block 50.15, lot 40(“the subject property”).

The appeal raises a novel issue of whether the tax assessment on a marital residence owned by one spouse (and not as tenants by the entirety as is more commonly the case), can be challenged by the non-owner spouse.

The subject property consists of a 3,718 square foot single-family colonial style dwelling constructed in 1985, on a lot containing 1.03 acres, or approximately 44,867 square feet. There is no dispute that the improvements are in generally good condition, with the exception of some minor maintenance items.

The original 2000 assessment for the subject property is as follows:

Land $192,300
Improvements 337,000
Total $529,300

The average ratio as promulgated by the Director of the Division of Taxation pursuant to N.J.S.A. 54:l-35(a) to -35(e) (“Chapter 123”) for 2000 in the Township of Holmdel is 81.47%, with the upper limit of the common level range being 93.69%, and the lower limit being 69.25%.

Plaintiffs (“the Slaters”) appealed the subject property’s original 2000 assessment to the Monmouth County Board of Taxation (“the County Board”). The County Board reduced the original assessment of the subject property and entered judgment as follows:

[11]*11Land $192,300
Improvements 267,700
Total $460,000

Both the Slaters and defendant (“the municipality”) now appeal from that determination.

The Slaters are married to one another and reside together at the subject property. They purchased said property together as their marital residence in 1986. Two years later, title to the residence was conveyed by them to plaintiff Clara B. Slater only.

At trial, Mr. Slater appeared pro se on behalf of both plaintiffs. Mrs. Slater did not appear at trial. Although both Mr. and Mrs. Slater are listed as plaintiffs, the court notes that only Mr. Slater signed the complaint.

At the conclusion of the Slaters’ case, the municipality moved to dismiss the matter for lack of standing. The municipality argued that since the subject property had been conveyed solely to Mrs. Slater in 1988, Mr. Slater was no longer an owner and therefore did not have standing to bring this tax appeal.

In response, Mr. Slater testified that the subject property was his marital residence. The court is satisfied that the subject property is the Slaters’ marital residence and as such finds that Mr. Slater does have standing to bring the action. The municipality’s motion is therefore denied. Before proceeding to a determination of value in this matter, the court wishes to amplify its reasons for denying the municipality’s motion.

I. STANDING

“Standing ‘refers to the plaintiffs ability or entitlement to maintain an action before the court.’ ” In re Baby T., 160 N.J. 332, 340, 734 A.2d 304 (1999). Standing cannot be waived. New Jersey Citizen Action v. Riviera Motel Corp., 296 N.J.Super. 402, 412, 686 A.2d 1265 (App.Div.1997). New Jersey courts have taken a liberal approach to standing. Dome Realty, Inc. v. City of Paterson, 150 N.J.Super. 448, 452, 375 A.2d 1240 (App.Div.1977). [12]*12“[The] courts have considered the threshold for standing to be fairly low. In other words, so long as the litigant evidences a sufficient stake with real adverseness, standing will be found.” Reaves v. Egg Harbor Tp., 277 N.J.Super. 360, 366, 649 A.2d 904 (Ch.Div.1994). More specifically, there must be a substantial likelihood that the plaintiff will experience some harm in the event of an unfavorable decision. Loigman v. Township Committee of the Twp. of Middletown, 297 N.J.Super. 287, 295, 687 A.2d 1091 (App.Div.1997).

The issue of standing to prosecute tax appeals has been determined in a manner consistent with standing issues in other areas of the law. Standing with regal’d to tax appeals was established by the Legislature in N.J.S.A. 54:3-21. That statute provides in pertinent part:

A taxpayer feeling aggrieved by the assessed valuation of the taxpayer’s property ... may [within the time set by statute] ... appeal to the county board of taxation by filing with it a petition of appeal ... [or7, file a complaint directly with the Tax Court, if the assessed valuation of the property subject to the appeal exceeds $750,000.00.
[(Emphasis added).]

The Tax Court in Ewing Twp. v. Mercer Paper Tube Corp., 8 N.J.Tax 84, 88-89 (Tax 1985) addressed the meanings of the words “taxpayer,” “aggrieved,” and “property” as used in N.J.S.A. 54:3-21. After analyzing the statute’s legislative history, the Tax Court concluded that it could be reasonably inferred that the Legislature intended “to afford the right to appeal [(i.e., standing)] essentially to any person whose tax payments are adversely affected by an improper assessment and not only to an owner in fee of the assessed property appealed.” Id. at 91 (emphasis added).

New Jersey courts have recognized that certain plaintiffs have standing to prosecute tax appeals in certain circumstances even though they do not own the property in question. See Ewing Tp., supra, 8 N.J.Tax 84 and Village Supermarkets, Inc. v. West Orange Tp., 106 N.J. 628, 525 A.2d 323 (1987) (discussing the standing of tenants).1 See also Chemical Bank, N.J. v. Absecon, [13]*1313 N.J.Tax 1 (Tax 1992) (discussing standing of a foreclosing mortgagee). Furthermore, see Lato v. Rockaway Tp., 16 N.J.Tax 355 (Tax 1997), (discussing the standing of a holder of a tax sale certificate). But cf. Northfield City v. Zell, 12 N.J.Tax 180 (Tax 1991) (holding that a holder of a tax sale certificate lacks standing to maintain a tax appeal).

The Supreme Court in Village Supermarkets, Inc. determined that a tenant’s standing to appeal a landlord’s property taxes was “one of degree, depending upon the relative circumstances of the parties and their economic interests.” Village Supermarkets, Inc., supra, 106 N.J. at 633, 525 A.2d 323. The Court listed five factors to be considered in the context of the landlord-tenant relationship.

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Bluebook (online)
20 N.J. Tax 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slater-v-holmdel-township-njtaxct-2002.