Resolution #050306

Authorizing the Township Special Tax Attorney to Settle the Tax Appeals

Captioned James C Haggerty and Marlene M Haggerty vs. Bernards Township,

Tax Court of New Jersey, Docket Nos.: 002064-2005

WHEREAS, James C. and Marlene M Haggerty, the owners of Block 173.20, Lot 19 on the Township of Bernards Tax Assessment Maps, 1 Witherspoon Lane (the “property”), filed an appeal of their 2005 assessment in the Tax Court of New Jersey, Docket No.: 002064-2005; and

WHEREAS, the Township Committee of the Township of Bernards met and discussed the aforesaid tax appeal and the recommendations of its Township Tax Assessor and Special Tax Attorney; and

WHEREAS, the Township Tax Assessor’s office has inspected the property and has determined that the house on the property has incurred damage as a result of construction with allegedly defective stucco; and

WHEREAS, the total tax assessment for the property in 2005 was $884,800 for the 2005 tax year; and

WHEREAS, an acceptable settlement has been recommended by the Township Tax Assessor, and Special Tax Attorney which results in Law accepting a reduction in assessment for the 2005 tax year; and

WHEREAS, based upon said settlement, the 2005 total tax assessment on the property will be a “partial” tax assessment of $650,000 instead of $884,800; and

WHEREAS, once the damage is cured it has been agreed that the Township Tax Assessor may impose a added assessment to reflect the remediation; and

WHEREAS, the Freeze Act will not be applicable to the 2005 judgment; and

WHEREAS, the taxpayer agrees to waive interest on any refunds so long as the refunds are paid within 60 days to the taxpayer’s attorney, Daniel G. Keough; and

WHEREAS, the Township Tax Assessor and the Township’s Special Tax Appeal Attorney recommend the settlement to the Township Committee; and

WHEREAS, the Township Committee leaves the allocation between the land and improvements of the aforesaid 2005 tax assessment on the property to the Township of Bernards Tax Assessor’s discretion with the direction that same be set so as to be most beneficial to the Township; and

WHEREAS, the refund, if any, cannot yet be calculated as the final tax rate has not been set; and

WHEREAS, a copy of the form of Stipulation of Settlement to be filed with the Tax Court, having been reviewed by the Bernards Township Committee, is attached hereto and made a part hereof; and

WHEREAS, the aforesaid settlement has no general application to other properties within the Township of Bernards as a result of the aforesaid specific facts situation; and

WHEREAS, the Township Committee will make this settlement with Law without prejudice to its dealing with any other Bernards Township Tax taxpayers’ request for tax assessment reduction.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Bernards, County of Somerset, State of New Jersey, as follows:

  1. The Township of Bernards Tax Assessor is hereby directed to establish the allocation between land and improvements of the $234,800 total tax assessment reduction for the 2005 tax year for Block 173.20, Lot 19, which is most beneficial to the Township of Bernards and advise the Special Tax Appeal Attorney of that allocation.
  1. The Special Tax Appeal Attorney is hereby authorized to enter into and execute the Stipulation of Settlement, attached hereto and incorporated herein, relative to the tax appeals of James C. and Marlene M. Haggerty, Docket No.: 002064-2005, in which settlement the 2005 total tax assessment levied upon the property will be reduced from a total tax assessment of $884,800 to a reduced total tax assessment of $650,000 shown as a “partial” assessment on the tax records; which settlement further provides that interest on refunds, if any, are waived, so long as the refunds are paid within 60 days of judgment to the taxpayers’ attorney, Daniel G. Keough; which settlement further provides that once the taxpayers cure the damage allegedly resulting from defective stucco that the Township Tax Assessor may impose an added assessment to the property; which settlement further provides that the Freeze Act will be waived.
  1. The settlement outlined above shall be without prejudice to the Township’s dealings with any Township’s taxpayers’ request for tax assessment reductions.

Agenda and Date Voted:8/9/05

Explanatory Statement:

This resolution authorized the township’s special tax attorney to enter into a Stipulation of Settlement with regard to the tax appeals captioned James C. and Marlene M. Haggerty vs. Bernards Township, Tax Court of New Jersey, Docket No. 002064-2005.

Martin Allen

Our File No.: C16402/MA

DiFRANCESCO, BATEMAN, COLEY, YOSPIN,

KUNZMAN, DAVIS & LEHRER, P.C.

15 Mountain Boulevard

Warren, New Jersey 07059-6327

(908) 757-7800

Attorneys for Defendant, Bernards Township

______

:

JAMES C. and MARLENE M.: TAX COURT OF NEW JERSEY

HAGGERTY, : DOCKET NO.: 002064-2005

:

Plaintiff, :

: Civil Action

vs. :

: STIPULATION OF SETTLEMENT

BERNARDS TOWNSHIP:

a Municipal Corporation of:

the State of New Jersey, :

:

Defendant(s). :

______:

1.It is hereby stipulated and agreed that the assessment of the following property(ies) be adjusted and a judgment be entered as follows:

Block : 173.20

Lot : 19

Street Address : 1 Witherspoon Lane

Year: 2005

Original County Board Requested Tax

Assessment Judgment Court Judgment

Land $ 318,200$ n/a$ 318,200

Improvements $ 566,600$ n/a $ 313,800

Total $ 884,800$n/a$ 650,000

2.The undersigned have made such examination of the value and proper assessment of the property(ies) and have obtained such appraisals, analysis and information with respect to the valuation and assessment of the property(ies) as they deem necessary and appropriate for the purpose of enabling them to enter into this Stipulation. The assessor of the taxing district has been consulted by the attorney for the taxing district with respect to this settlement and has concurred.

3.The taxpayer waives the payment of interest on any refunds so long as the refunds are paid within 60 days of final judgment to Daniel G. Keough, attorney for the Plaintiff.

4.The taxpayer acknowledges that the revised assessment will be placed on the Assessor’s records as a “partial” assessment and that it may be subject to an added assessment once the damages to the improvements and home on the property, resulting from allegedly defective stucco, are cured and remediated by the plaintiff.

5.Based upon the foregoing, the undersigned represent to the Court that the above settlement will result in an assessment at the fair assessable value of the property(ies) consistent with assessing practices generally applicable in the taxing district as required by law.

6.The parties agree that the provisions of N.J.S.A. 54:51A-8 (Freeze Act) shall not be applicable to this case.

DiFRANCESCO, BATEMAN, COLEY, YOSPIN,

KUNZMAN, DAVIS & LEHRER

Attorney for Defendant, BERNARDS TOWNSHIP

By:______

Dated:MARTIN ALLEN, ESQ.

VENTURA, MIESOWITZ, ALBANO, KEOUGH &

WARNER, P.C., Attorneys for James C. and Marlene

Haggerty

______

Dated: DANIEL G. KEOUGH, ESQ.