Commercial Tenants’ Rights to File and Control Tax Appeals: Size Matters

Posted in Real Estate Tax Appeals

Under New Jersey law, an “aggrieved taxpayer” has the right to file a real estate tax appeal in protest of a tax assessment. Tenants are eligible for this right in certain circumstances. As a general rule, a tenant under a triple net lease, one that requires the tenant to reimburse the landlord for real estate taxes, is an aggrieved taxpayer with the right to appeal.

Some leases prohibit smaller tenants from filing a tax appeal under contract law, but many leases are silent on whether client must hold a threshold limit of leasable space in order to qualify. In such circumstances, the New Jersey Tax Court will generally utilize an “economic reality test” to determine not only if and when the tenant can file a tax appeal, but also who has the right to control and settle it.

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Renters and Owners: How Are They Treated by Community Association Board Members

Posted in Community Associations

Stark & Stark Shareholder Christopher Florio recently joined Ray Dickey from AssociationHelpNow to discuss treatment of renters and owners as it applies to homeowner association board members, community managers, and management companies. They discuss board meetings, parking, and access to the association recreation facilities. Check out the video below.

Another Sports Retailer Bankruptcy – Golfsmith International, Inc. Files for Chapter 11 Protection in Delaware

Posted in Bankruptcy & Creditor's Rights, Commercial, Retail & Industrial Real Estate, Real Estate

Golfsmith International, Inc., a specialty golf retailer with 109 Golfsmith stores across the U.S. and 55 Golf Town stores in Canada, filed for Chapter 11 bankruptcy protection in Wilmington, Delaware on Wednesday, September 14, 2016. This case follows other large sports retailer bankruptcy cases, including Sports Authority and Eastern Mountain Sports, who both filed Chapter 11 proceedings in Delaware earlier this year.

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Removing an Invalid Construction Lien

Posted in Litigation

As the owner of a parcel of property, you might someday be faced with a scenario wherein a construction lien filed by a contractor who performed work for you was either improperly filed, or is simply invalid on its face. The issue becomes what is the proper way to remove and/or discharge this construction lien so that the property is no longer encumbered.

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Sale of a Marital Home in Divorce – The Many Issues Involved

Posted in Divorce

Many times the marital home is one of the biggest assets in a divorce case. While there are only three options in how to deal with the marital home, each option raises questions.

Option 1: One of the parties buys out the other party’s interest in said home. Some of the questions that must be discussed are:

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Defending a Will Contest

Posted in Probate Litigation, Trusts & Estates

In many of my previous blogs I have discussed the procedure involved in contesting a Last Will and Testament. This blog shall focus on other side of the equation, the defense of a Will contest. Since there are many facets involved in the defense of a Will contest, we shall first focus on what the named Executor or Executrix must do upon being served with a Verified Complaint seeking to contest the validity of a Last Will and Testament. For the purposes of this blog, I will assume that the Executor had already taken the necessary steps to admit to probate the Last Will and Testament of the decedent.

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Shipping Giant Hanjin Files International Bankruptcy Proceeding In Newark

Posted in Bankruptcy & Creditor's Rights

Last week, South Korea’s Hanjin Shipping Company (“Hanjin”) filed for bankruptcy protection under the Debtor Rehabilitation and Bankruptcy Act in the Seoul Central District Court in South Korea. As the world’s seventh largest container shipper servicing 8% of the Trans-Pacific trade in the United States, Hanjin’s bankruptcy filing is cause for concern for landlord retail anchor tenants, such as Target and JCPenney, as well as to other trade creditors and suppliers.

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Shopping Malls Profit from Fun

Posted in Commercial, Retail & Industrial Real Estate, Real Estate

How can retail landlords make more money? A recent article in the Wall Street Journal, entitled Shopping Malls’ New Product: Fun reveals the answer…add amusement attractions.

According to the article, many U.S. malls are profiting from entertainment tenants and amusement attractions, including go-kart racing, indoor rope climbing, laser tag, skydiving simulators, escape rooms, high-tech golf driving ranges, glow-in-the-dark miniature golf, state-of-the-art movie theaters, and new bowling and dining options.

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Potential Issues That May Arise When Contesting a Will

Posted in Probate Litigation

Stark & Stark Shareholder Paul W. Norris authored the article “Contesting a Will: Best Practices for Successful Probate Litigation,” which was published on NJ.com on June 24, 2016. The article explains the process of what typically will happen if a will is contested after a loved one passes away. This process can only begin once “the named executor or executrix in the will then files this document with the county surrogate.” This process is called “admitting the will to probate,” and starts a process on a specific time schedule that must be followed in order to properly submit any contestations of the will.

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