Tower Center Associates v. Township of East Brunswick

669 A.2d 829, 286 N.J. Super. 433, 15 N.J. Tax 692, 1996 N.J. Super. LEXIS 6
CourtNew Jersey Superior Court Appellate Division
DecidedJanuary 8, 1996
StatusPublished
Cited by14 cases

This text of 669 A.2d 829 (Tower Center Associates v. Township of East Brunswick) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tower Center Associates v. Township of East Brunswick, 669 A.2d 829, 286 N.J. Super. 433, 15 N.J. Tax 692, 1996 N.J. Super. LEXIS 6 (N.J. Ct. App. 1996).

Opinion

The opinion of the court was delivered by

STERN, J.A.D.

In these consolidated matters plaintiff-taxpayer appeals from judgments of the Tax Court which sustained 1992 and 1993 assessments regarding plaintiffs commercial complex.

In both cases, defendant Township filed a motion to dismiss the complaint because of plaintiff’s failure to comply with the provisions of N.J.S.A 54:4-34 by not responding to the assessor’s written request for financial information within the forty-five day time limit prescribed by the statute. In both cases Judge Michael A. Andrew, Jr., declined to dismiss the appeal, but prohibited the taxpayer from introducing proof of value at the hearing. The judge held that, in accordance with Ocean Pines Ltd. v. Borough of Point Pleasant, 112 N.J. 1, 547 A.2d 691 (1988), plaintiff was entitled to a hearing only on the “reasonableness of the underlying data available to the assessor and the reasonableness of the methodology used by the assessor in arriving at the assessment.”

After an evidentiary hearing, the judge found that “the underlying valuation data utilized by the Assessor and the methodology employed by the Assessor in arriving at the assessment” for 1992 were reasonable. He, therefore, sustained the assessment and dismissed the complaint on the merits. Plaintiff waived the “reasonableness” hearing with respect to the 1993 assessment and the second case was also dismissed with prejudice.

[435]*435The underlying facts are as follows. On June 14,1991, the East Brunswick tax assessor mailed, by certified mail return receipt requested, two separate, written requests to plaintiff for income and expense information relating to its two separately assessed properties in the Township. The assessor received the return receipt cards indicating that the certified letters had been received. However, he received no response from the taxpayer. The assessor’s letter read, in pertinent part:

In the interests of equitable valuations for property tax purposes, it is essential that this office have complete records and be acquainted with rental values and operating expenses.
I am enclosing forms to be utilized for an itemized schedule of all rentals and expenses involved in the operation of the property. In the case of business buildings with term leases, it is essential that all details of the lease be disclosed, such as expiration dates, options for renewal, fixed rentals, tax escalator and maintenance clauses and specific identity of the area occupied.
Under “Income and Expenses”, enter your most recent twelve month (January 1, 1990 through December 31,1990) operational costs to the extent that such expense is actually paid by management.
Attached is a copy of the Statute of the State of New Jersey 54:4-34, amended L.1979 c 91 p. 1, as required.2
The Assessor of East Brunswick is committed to equality in taxation and your full cooperation in filing this informational return will be of mateiial aid to this end.
If you have any questions concerning the completion of this form, please contact my office. Be assured that this information will be held in strictest confidence.

The assessor enclosed with the letter forms relating to income and expenses, the mortgage and an “Itemized Rent Roll.” A copy of N.J.S.A. 54:4-34 was also enclosed. It is undisputed that plaintiff received the request but did not respond thereto.

Plaintiff’s 1992 assessment amounted to an aggregate of $27,-807,500 for the land and improvements on the two parcels.

On June 12, 1992, the tax assessor mailed, by certified mail, three separate written letters to plaintiff requesting completion and return of an enclosed “Annual Statement of Income and [436]*436Expenses for Income Producing Properties.” The cover letter was identical to the June 1991 letter except for the third paragraph which read:

Under “Statement and Expenses”, enter your most recent twelve month (January 1, 1991 through December 31, 1991) operational costs to the extent that such expense is actually paid by management.

The enclosed “Annual Statement of Income and Expenses For Income Producing Properties” form requested information regarding rental value of all areas, occupied or vacant, as well as income and expenses relating to the property. A copy of the statute was also enclosed.3

It is not disputed that despite plaintiffs receipt of the assessor’s requests for the financial data in connection with its 1993 assessment, it again failed to respond. Accordingly, the properties were assessed based upon other information available to the assessor in a total amount of $59,230,300.

Plaintiff insists that the assessor’s requests for information for both years were “patently illegal and overreaching” and that it, therefore, did not have to respond. “Plaintiffs position is that once a determination is made that the inquiry violates the statutory authorization, it is void and no sanction can be imposed against a taxpayer regardless of whether or not any response to the inquiry was submitted.” Hence, plaintiff contends that the “draconian sanction of dismissal [cannot] be imposed.” It further suggests that Ocean Pines does not limit the right of appeal because that decision is not applicable unless the information requested under the statute is reasonable.

Plaintiff gains support for its position from language of the cases regarding the requested information. See Ocean Pines, swpra, 112 N.J. at 8, 547 A.2d 691 (finding that “[p]laintiff failed to comply with a proper request for income and expenses information”) (emphasis added); Carriage Four Associates v. Teaneck [437]*437Township, 13 N.J.Tax 172, 177 (Tax 1993) (noting that “[generally, a taxpayer’s property tax assessment appeal will be dismissed where the taxpayer fails to comply with a legitimate chapter 91 request”) (emphasis added); Terrace View Gardens v. Tp. of Dover, 5 N.J.Tax 469, 474 (Tax 1982) (finding that “the taxpayer simply ignored the request and failed and refused to comply with a legal and reasonable request”) (emphasis added), aff'd o.b. 5 N.J.Tax 475 (App.Div.), certif. denied, 94 N.J. 559, 468 A.2d 205 (1983). See also Southgate Realty Associates v. Bordentown, 246 N.J.Super. 149, 586 A.2d 1338 (App.Div.1991). In Ocean Pines, supra, the taxpayer did not make a timely response because it was a recent purchaser of the property and did not have all relevant information.

N.J.S.A 54:4-34 provides:

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Bluebook (online)
669 A.2d 829, 286 N.J. Super. 433, 15 N.J. Tax 692, 1996 N.J. Super. LEXIS 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tower-center-associates-v-township-of-east-brunswick-njsuperctappdiv-1996.