United States Postal Service v. Town of Kearny

17 N.J. Tax 397
CourtNew Jersey Tax Court
DecidedJune 15, 1998
StatusPublished
Cited by2 cases

This text of 17 N.J. Tax 397 (United States Postal Service v. Town of Kearny) 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
United States Postal Service v. Town of Kearny, 17 N.J. Tax 397 (N.J. Super. Ct. 1998).

Opinion

KAHN, J.T.C.

This is the court’s opinion with respect to taxpayer’s motion to enforce a settlement agreement entered into with the municipality regarding the 1996 tax year. The settlement at issue reduced the 1996 tax year assessment from $26,716,000 to $18,216,00o.1 The filing of this motion was necessitated because a $1,000,000 added assessment was levied against the subject property for the 1996 tax year, after settlement negotiations took place, but prior to execution of the stipulation of settlement. In addition to seeking enforcement of the parties’ settlement agreement with respect to the 1996 tax year, taxpayer also moves to apply the Freeze Act, N.J.S.A 54:51A-8, for the 1996,1997 and 1998 assessments at the settlement figure of $18,216,000, thereby eliminating the $1,000,-000 added assessment for those years.

The Town of Kearny opposes taxpayer’s motion on several grounds. First, the municipality contests the motion because the settlement negotiations and subsequent execution of the stipulation of settlement did not contemplate or address the 1996 added assessment. Second, the municipality argues that this court is without jurisdiction to hear the 1996 added assessment matter because taxpayer failed to file an appeal pursuant to N.J.S.A 54:4-63.11. Finally, the municipality opposes application of the Freeze Act because substantial improvements were made to the subject property subsequent to October 1, 1995, which both increased its value and created a basis for a valid added assessment.

For the reasons set forth below, this court denies taxpayer’s motion to enforce the settlement. Since there is a lack of evidence with respect to the completion date of the improvements, and, more specifically, whether the enhancement in value of the subject occurred after the relevant assessment date of October 1, 1995, this court denies taxpayer’s application for Freeze Act relief for the 1996,1997 and 1998 assessments without prejudice. »

[400]*400The relevant assessment date is October 1,1995. The undisputed facts indicate an added assessment was levied and not appealed pursuant to N.J.S.A. 54:4-63.11. Moreover, there is no dispute as to the time line of events leading up to and following the added assessment’s levy.2 The chronology of undisputed facts is as follows:

Date Description

April/May 1995 Kearny’s assessor and other representatives inspect the subject.

June 1995 New lighting fixtures are installed in the subject.

October 1,1995 The tax year 1996 assessment against the subject is set at $26,716,000.

February 26,1996 Kearny’s representatives inspect the subject and note the improvements.

March 26 — 27,1996 Tax payer files a complaint in Tax Court challenging the 1996 assessment. At this time, appeals as to tax years 1991-1995 were also pending in the Tax Court, as well.

April 3,1996 Kearny files an Answer and Counterclaim.

April-July 1996 Settlement meetings take place between the taxpayer and municipality. The parties agree by way of correspondence to reduce the 1996 assessment to $18,216,000.

October 1,1996 A 1996 added assessment of $1,000,000 is levied against the subject property.

October 16,1996 United States Postal Service receives notice from the owner of the subject property (taxpayer is a tenant) of a tax bill for

[401]*401Date Description $52,530 reflecting a $1,000,000 added assessment.

October 18-21, 1996 Counsel for the respective parties execute the stipulation of settlement that reduces the 1996 tax assessment from $26,716,000 to $18,216,000. The executed stipulation of settlement is sent to. The Tax Court for filing.

Late October 1996 • Taxpayer pays the $52,530 tax bill for the added assessment. (Evidence of such payment was not supplied to this court.)

November 22,1996 The Tax Court enters judgments for tax years 1991-1996. The 1996 Tax Court judgment establishes the 1996 assessment at $18,216,000.

June 1997 Taxpayer files motion to enforce judgment pursuant to settlement and seeks Freeze Act relief from the added assessment of $1,000,000 for 1996,1997 and 1998.

Finally, it is undisputed that the settlement negotiations and executed stipulation of settlement failed to address the 1996 added assessment, despite the parties’ knowledge of the levy.

This court denies taxpayer’s application to enforce the $18,216,000 settlement because the issue is moot. With respect to the assessment as of October 1,1995 as well as the previous years included in the settlement, there is no dispute that $18,216,000 was the agreed assessment. New Jersey jurisprudence strongly favors the settlement of disputes. Herrera v. South Orange Village Tp., 270 N.J.Super. 417, 637 A.2d 526 (App.Div.1993), certif. denied, 136 N.J. 28, 641 A.2d 1039 (1994); Pascarella v. Bruck, 190 N.J.Super. 118, 124-125, 462 A.2d 186 (App.Div.), certif. denied, 94 N.J. 600, 468 A.2d 233 (1983); Honeywell v. Bubb, 130 N.J.Super. 130, 136, 325 A.2d 832 (App.Div.1974); Jannarone v. W.T. Co., 65 N.J.Super., 472, 476, 168 A.2d 72 (App.Div.), certif. [402]*402denied, 35 N.J. 61, 171 A.2d 147 (1961). An agreement between parties to settle a lawsuit is a contract that should be honored and enforced absent a showing of “fraud or other compelling circumstances.” Honeywell, supra, 130 N.J.Super. at 136, 325 A.2d 832. See also Nolan by Nolan v. Lee Ho, 120 N.J. 465, 577 A.2d 143 (1990); Pascarella, supra, 190 N.J.Super. at 125, 462 A.2d at 190.

It is clear that added assessments are separate and distinct from regular assessments. Rockaway 80 Assocs. v. Rockaway Tp., 15 N.J.Tax 326, 333 (Tax 1996). “In addition to the express statutory differences in the treatment of regular assessments and added assessments, considerations of assessing policy suggest the establishment of a clear separation of added assessments from regular assessments for Freeze Act purposes.” Id. at 333-334.

Our Legislature provided for the levy of added assessments in N.J.S.A 54:4-63.3, which states in relevant part:

... when any parcel of real property contains any building or other structure which has been erected, added to or improved after October 1 and completed between January 1 and October 1 following, the assessor shall, after examination and inquiry, determine the taxable value of such parcel of real property as of the first of the month following the date of ...

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Related

United States Postal Service v. Town of Kearny
21 N.J. Tax 78 (New Jersey Superior Court App Division, 2002)
Otelsberg v. Bloomfield Township
18 N.J. Tax 243 (New Jersey Tax Court, 1999)

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Bluebook (online)
17 N.J. Tax 397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-postal-service-v-town-of-kearny-njtaxct-1998.