Town of Morristown v. Morris County Board of Taxation

Syllabus

Tax Court: Docket No. 005100-2024, opinion by Novin, J.T.C., decided July 24, 2024. For plaintiff – Emil H. Philibosian and Shaun S. Peterson (Hoagland, Longo, Moran, Dunst & Doukas, LLP, attorneys) for defendant - Michelline Capistrano Foster, Deputy Attorney General (Matthew J. Platkin, Attorney General of New Jersey, attorney). Defendant argued, under motion for summary judgment, that because plaintiff failed to object to defendant's 2024 preliminary Morris County equalization table at the county hearing, under N.J.S.A. 54:3-18, plaintiff was precluded from challenging defendant's 2024 final Morris County equalization table before the Tax Court under N.J.S.A. 54:51A-4a. Defendant also argued that plaintiff's challenge to the 2024 final Morris County equalization table was untimely filed under R. 8:4-2(a)(1), and that plaintiff cannot demonstrate defendant's adoption of the 2024 final Morris County equalization table was arbitrary and capricious. Therefore, defendant sought dismissal of plaintiff's complaint with prejudice. : The court found the statutory language under N.J.S.A. 54:51A-4a and N.J.S.A. 54:51A-5b, permitting a taxing district or taxpayer to challenge a final county equalization table, to be clear and unambiguous. Our Legislature required: (i) the filing of a timely a complaint in the Tax Court (ii) the complaint must be served on the county board of taxation and on the chief executive officer and the clerk of the Board of Chosen Freeholders and on the clerk of every taxing district in the county (iii) the complaint shall not suspend the apportionment of moneys or collection of taxes in the county (iv) the Tax Court hearing shall be conducted in the county (v) five days' advance written notice of the hearing must be given by mail to the governing body of each taxing district in the county and (vi) the hearing shall be conducted and a decision rendered on or before September 10, annually. The court concluded that the Legislature did not impose any req